CONTINUATION 


OF  THE 

HISTORY 


OF  THE 

PROVINCE 

O F 

MASSACHUSETTS  BAY, 

From  the  Year  1748  to  17 65. 

WITH  AN 

INTRODUCTORY  SKETCH  OF  EVENTS  FROM 
ITS  ORIGINAL  SETTLEMENT. 


By  GEORGE  RICHARDS  MINOT, 

Fellow  of  the  American  Academy*  of  Arts  and  Sciences,  and 
Member  of  the  Maffachufetts  Hiftorical  Society. 


VOL.  II. 


]3ufa(tfl)et)  according  to  3ft  of  Congrefg. 


BOSTON: 

Printed  for  J.  WHITE  (sf  Co.  Profrietors, 

BY  MANNING  LOR1NG. 


June , 1803. 


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BOSTON  COLLEGE  LIBRARY 
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Jl  UDGE  MINOT  fprung  from  an  old  and 
refpeclable  family,  and  was  bom  in  Bofton  in  the  month 
of  December,  1758. 

After  obtaining  the  advantages  of  a collegiate  educa- 
tion, and  purfuing  the  regular  routine  of  ftudy,  he  was 
admitted  to  the  bar  in  1782.  He  foon  after  became  a 
magiftrate,  and  for  feveral  years  Judge  of  Probate.  He 
was  the  firft  Judge  of  the  municipal  court  in  the  town  of 
, Bofton ; and  in  all  the  offices  he  filled  obtained  the  repu- 
tation of  an  upright  and  impartial  difpenfer  of  the  laws. 
He  was  temperate  and  cautious  in  difcuffion,  firm  and 
humane  in  his  decifions.  He  was  the  author  of  feveral 
publications  that  merited  and  met  general  approbation. 
He  had  nearly  completed  a fecond  volume  of  his  Hiftory 
of  Maffachufetts,  when  he  was  fuddenly  called  from  his 
literary  labours  to  receive  the  reward  prepared  for  the 
juft.  He  had  intended  continuing  his  Hiftory  to  the 
commencement  of  the  revolutionary  war,  had  health  and 
life  been  fpared  him.  Having  reached  that  happy  inde- 
pendence, which  entitled  him  to  polfefs  the  otium  cum  dig- 
nitate , he  died  and  left  a character  that  will  be  often  quo- 
ted, by  a large  circle  of  literary  friends,  who  loved  him 
for  his  virtues,  and  admired  him  for  talents,  which  time 
will  no  otherwife  affed  than  to  appreciate. 


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CONTENTS 


CHAP.  X. 

li/flLITAR  T Council  held  at  Bojlon — Number  of  the 
troops  raifed  in  the  fever al  Colonies  of  Ncw-En- 
gland  for  the  year  1 757 — Death  of  Lieutenant-Gov- 
ernor Phips — Governor  Pownall  arrives — Fort  Will- 
iam Henry  taken  by  the  French — Controverfy  between 
Lord  Loudoun  and  the  government  of  Maffachufetts 
ref  peeing  the  right  of  quartering  troops — General  Court 
pafs  a bankrupt  aEt — Adverfe  Jlate  of  affairs  at  the 
clofe  of  the  year  1757.  - - - 9 

CHAP.  II. 

Louijbourg  taken  by  General  Amh erf  1758 — Fort  Fron- 
tenac  taken  by  Col,  Bradjlreet — French  evacuate  Fort 
Du  Quefne — Unfuccefsful  attack  on  Ticonderoga — 
Death  of  Lord  Vifcount  Howe — General  Court  of 
Maffachufetts  erect  a monument  to  his  memory — Attempt 
of  the  French  on  a fort  at  George’s  defeated — Bank- 
rupt law  difapproved  by  the  King — Plan  of  military 
operations  for  the  year  1 759 — Number  of  troops  voted 
to  be  raifed  in  Maffachufetts — Meffage  to  the  Governor , 
fating  the  circumflances  of  the  Province — Fort  Pow 
nail  on  Penobfcot  river  erefted — Succefs  of  the  Britifh 
arms  in  Canada . - - - 35 

CHAP.  III. 

Number  of  troops  voted  to  be  raifed  in  the  Province  for 
the  year  1 760 — Great  fire  in  Boflon — Peace  concluded 
with  the  Penobfcot  Indians— -Popularity  of  Governor 
Pownall — Embarks  for  England — Controverfy  be- 
tween the  Council  and  Houfe  refpedting  the  mode  of  paff- 
ing  the  TreafurePs  accounts — Reafoning  of  Mr.  Agent 
Boll  an  on  the  rule  for  apportioning  the  grants  of  Par- 
liament among  the  fever  al  Colonies . - - 56 


VI 


CONTENTS, 

CHAP.  IV. 


Governor  Bernard  arrives — Syjlem  of  colonial  adminif- 
tration  adopted  by  the  Britifh  mini/lers— Parties  in  the 
Province — Controverfy  refpeding  the  officers  of  the  cuf- 
toms — Difputes  on  the  fubjed  of  writs  of  afpjlance — 
and  on  making  gold  a tender.  - - 73 

CHAP.  V. 

Bill  for  making  gold  a tender  paffed — Salaries  of  the 
fudges  of  the  Superiour  Court  reduced — Mr.  Bollan 
dif miffed,  and  Jafper  Mauduit,  Efq.  appointed  agent — 
Atiempt  to  exclude  the  Judges  of  the  Superiour  Court 
from  a feat  in  the  Legijlahtre — Arguments  on  the  fub- 
jed— Military  events — Debate  between  the  Governor 
and  Houfe  refpeding  the  employment  of  the  armed  pro- 
vincial JloGp.  - - - - I ©7 

CHAP.  VI. 

Peace  in  1763 — Enmity  of  parties — Ecclefiafical  dif- 
pute — Plan  for  taxing  the  Colonies — Ads  of  trade  en- 
forced— Proceedings  of  the  Houfe  of  Reprefentatives 
thereupon — Indian  war — Inflrudions  to  the  Agent 
againjl  taxing  the  Colonies  and  enforcing  the  ads  of 
trade — Harvard-Hall  burnt.  - - 129 

CHAP.  VII. 

Ad  for  raifmg  a revenue  in  the  Colonies  paffed — Opinions 
and  arguments  of  the  oppofite  parties  on  the  fubjed—* 
Objedions  of  the  Houfe  of  Reprefentatives  contained  in 
their  inflrudions  to  their  agent — Committee  chofen  to 
write  to  the  Affemblies  of  the  other  Colonies — Meafures 
reforted  to  by  the  people  : affociation  for  the  non-con - 
fumption  of  Britifh,  and  encouragement  of  their  own , 
manufadures — Governor  repeatedly  prorogues  the  Gen- 
eral Court — Clamours  againfl  him — Petition  of  the 
General  Court  to  the  Houfe  of  Commons . • 153 


CONTENTS. 

CHAP.  VIII. 

Difpute  between  the  Council  and  Houfe  refpeding  the  form 
of  pajfing  a refolve — Extraordinary  grant  to  the  Chiej 
f if  ice  carried  by  one  vote  only — Richard  faclfon,  jun. 
chofen  agent  in  the  room  of  Mr.  Mauduit — Stamp  ad 
paffed — Proceedings  of  the  Houfe  of  Reprefentatives — 
Meeting  of  a General  Congrefs  at  New -York  recom- 
mended— Delegates  chofen  in  Majfachufetts — Obferva - 
tions  on  the  minijlerial  pretences  of  taxing  the  Colonies , 
pullijhed  at  New-York — Refolutions  of  the  Virginia 
AJfembly — Ads  of  the  people — Riots  in  Bojlon — Lieu- 
tenant-Governor Hutchinfon’s  houfe  dejlroyed.  - 1 92 

CHAP  IX. 

Unfnijhed  * - - « 22 1 


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CONTINUATION  of  the  HISTORY 


OF  TRE 

PROVINCE 

O F 

MASSACHUSETTS  BAY. 


VOL.  II. 


CHAP.  I. 

Military  Council  held  at  Bofton — Number  of  the 
troops  raifed  in  the  fever  at  Colonies  of  New-En~ 
gland,  for  the  year  1757 — • Death  of  Lieutenant- 
Governor  P hips— Governor  Pownall  arrives — « 
Port  William  Henry  taken  by  the  French — Contro- 
verfy  between  Lord  Loudoun  and  the  government 
of  Maffachufetts  refpeding  the  right  of  quartering 
troops — General  Court  pafs  a bankrupt  ad — Ad- 
verfe  ftate  of  affairs  at  the  clofe  of  the  year  1 757* 


The  difcovery  of  America,  whick  fiimU- 


lated  genius  to  fo  many  efforts  in  the  ufeful 
arts,  and  fo  widely  extended  the  benefits  of 
Vol.  ii*  B commerce* 


17  $1* 


IO 


P H I P S. 


commerce,  increafed  alfo  a thirft  for  domin- 
ion, and  the  deftrudtive  confequences  of  wan 
The  two  great  rival  nations  of  Europe,  after 
meafuring  their  ftrength  for  centuries,  by- 
regular  contefts  in  their  own  neighbour- 
hood, where  the  hiftory  of  every  poll  was 
the  key  to  its  ftrength,  and  detailed  the  rifk 
and  manner  of  fubduing  it,  were  now  haz- 
arding the  conteft  on  a very  different 
ground, — in  a country  fo  little  explored,  as 
to  make  it  extremely  difficult  to  operate 
fyftematically,  and  too  recently  fettled  to 
afford  a juft  calculation  of  its  ftrength. 
How  to  preferve  what  had  been  acquired, 
and  how  to  encroach  upon  a hoftiie  territo- 
ry, became  the  favourite  fcience  of  ambition, 
and  engaged  the  talents  of  the  ableft  minif- 
ters  in  Europe  ; whilft  the  fcene  of  action 
invited  military  enterprife  to  difplay  its  in- 
genuity in  furmounting  the  natural  obftruc- 
tions  of  a wildernefs,  and  in  engaging  the 
alliance  of  the  wavering  natives.  In  a 
ftruggle  conduced  at  fo  great  a diftance, 
and  under  fuch  circumftances  of  uncertain- 
ty, it  was  not  to  be  expe&ed  that  a plan  of 
a£tion  could  be  ftruck  out,  either  permanent 
in  its  principles,  or  decifive  in  its  advan- 
tages. The  great  Commoner  of  England, 

now 


/ 


P H I P S. 


1 1 


now  introduced  at  the  head  of  the  miniftry, 
with  that  mafculine  force  of  genius,  which 
exalted  his  adminiftration,  determined  to  a£t 
offenfively  againft  the  French,  and  to  meet 
them  in  Canada.  To  forward  his  fyftem, 
he  refolved  to  fupport  the  Colonies  with  an 
ample  force,  to  banifh  all  jealoufy  arifing  v 
from  narrow  ideas  of  compenfation,  and  to 
direct  the  national  ftrength  into  the  chan- 
nel, where  it  moft  readily  inclined  to  flow 
and  rife  to  its  fummit,  by  the  operations  of 
the  navy.  The  effects  of  his  counfels,  how- 
ever, were  not  to  be  immediately  realized. 
Another  year  was  deftined  to  crown  the 
arms  of  France  with  exultation,  flattering 
indeed  for  a time,  but  the  prefage  of  her 
final  chagrin  and  ruin  in  America. 

The  internal  arrangements  among  the 
Britifli  Colonies  for  profecuting  the  war 
were  taken  into  confideration  at  an  early 
period.  The  annual  military  Council,  hav- 
ing been  once  held  at  Alexandria,  and  after- 
wards at  New-York,  was  this  year  convened 
at  Bofton.  Lord  Loudoun,  arriving  there 
on  the  nineteenth  of  January,  was  received 
by  Governors  Lawrence  from  Nova-Scoria, 
Fitch  from  Connecticut,  Hopkins  from 

Rhode-Ifland, 


M P H I P SL 

Rhode-Ifland,  and,  in  the  abfence  of  the 
Governor  of  Maflachufetts,  by  a commif- 
fion  from  that  Province  : this  was  filled  by 
Thomas  Hutchinfon  the  future  Governor, 
William  Brattle,  Thomas  Hubbard,  John 
Otis,  and  Welles,  Efquires. 

The  Commander  in  Chief  addreffed  the 
Council  in  a fpeech,  exculpating  himfelf, 
and  afcribing  the  misfortunes  of  the  lafl: 
year  to  neglect  in  omitting  to  inform  the 
miniftry  of  the  Crown-Point  expedition, 
with  which  they  had  not  been  made  ac-*- 
quainted,  as  late  as  the  17th  of  May,  the 
day  on  which  he  left  England,  although  it 
had  been  refolved  on  by  the  General  A£* 
fembly  of  Maflachufetts  Bay  on  the  1 6th  of 
February  ; — to  the  number  of  forces  being 
lefs  than  had  been  agreed  on,  and  the  troopa 
being  inferiour  to  thofe  of  former  years, 
which  had  obliged  him  to  join  them  to  the 
regulars  to  the  difficulties  he  met  with  in 
connecting  thefe  different  bodies  of  troops, 
before  he  could  effect  which,  the  news  of 
the  capture  of  Ofwego  and  other  poffeffions 
on  the  lakes  arrived ; — to  the  true  ftate  and 
circumftances  of  the  forts  and  garrifons 
there  not  being  reprefented  to  him  by  his, 

predeceffor * 


P H I P S. 


*3 


predeceffor ; — to  his  call  for  aid  not  being 
attended  to  otherwife  than  by  votes  of  af- 
femblies,  which  effeded  nothing,  until  the 
arrival  of  the  Highlanders,  with  whom  he 
was  enabled  to  reinforce  the  provincials,  and 
by  that  means,  to  fave  them  from  an  attack, 
and  probably  a defeat ; and  fo  the  whole 
country  from  being  laid  open. 

He  propofed  a contribution  from  the  Col- 
onies of  New-England  of  4000  men  only, 
which  he  conceived  they  could  not  think 
much  of,  confidering  the  expenfe  of  the 
crown  in  fupporting  fo  many  troops  for 
their  defence  ; and  he  gave  affurances  that 
they  fhould  be  employed  in  fuch  fervice,  a$ 
might  be  moft  congenial  to  their  habits. 

Thus  were  the  governments  of  New- 
England  exhorted  to  their  duty  by  a re- 
proach upon  their  paft  fervices ; and  their 
troops  undervalued  to  exalt  the  reputation 
of  the  foreign  regulars,  without  confidering 
that  the  only  brilliant  achievements  during 
this  war  had  been  effeded  where  the  pro- 
vincials alone  oppofed  the  enemy,  or  were 
aided  in  a very  trifling  degree  by  the  king’s 
troops  $ and  that  fuccefs  had  as  yet  reced- 
ed 


P H I P S. 


ed  from  the  Englifh  arms,  almoft  in  a direct 
proportion,  as  the  latter  had  been  introduc- 
ed to  the  fervice. 

It  having  been  fettled  that  the  troops 
were  to  be  fupplied  with  provifions,  ammu- 
nition, and  artillery  {lores  at  the  expenfe  of 
the  crown,  and  that  they  were  to  ferve  for 
one  year,  without  local  reftri&ion  as  to  any 
particular  part  of  the  continent,  the  commif- 
fioners  agreed  to  raife  the  number  required. 
A difficulty  fpriing  up,  as  had  happened,  in 
fad:,  for  feveral  years  pad,  refpeding  the  pro- 
portions of  the  refpedive  Colonies.  Mafla- 
chufetts  laboured  under  a much  greater  bur- 
then fox  the  defence  of  the  frontiers  than 
any  other  Colony.  Eight  hundred  men 
were  employed  by  her  in  this  fervice  befide 
three  hundred  in  veffels  of  war.  This  con- 
fideration  out  of  the  queflion,  her  quota  of 
* men  amounted  to  feventeen  hundred  and 
fifty.  Thefe  the  commiffioners  dared  not 
make  an  abfolute  agreement  to  raife,  but 
undertook  to  recommend  it.  Lord  Lou- 
doun, little  pleafed  at  feparate  propofitions 
from  any  Colony,  urged  another  apportion- 
ment on  his  own  authority  ; and  at  his  mo- 
tion, it  was  fettled,  that  Maffachufetts  fhould 

raife 


COUNCIL. 


*5 


raife  1800  men,  Connecticut  1400,  Rhode- 
Ifland  450,  and  New-Hampfhire  350,  to 
be  muftered  by  the  25th  day  of  March. 
He  likewife  propofed  many  particular  ar- 
rangements : that  the  men  fhould  be  raifed 
in  companies  of  120,  including  four  com- 
miffioned  officers  ; that  there  ihould  be  one 
officer  to  command  from  each  Colony,  who 
might  convey  the  orders  of  the  Commander 
in  Chief  to  his  troops  ; that  offences  not  of 
a heinous  nature,  fhould  be  tried  by  provin- 
cial officers  alone,  and  higher  crimes  by 
them  and  regular  officers  conjoined,  with 
various  other  regulations. 

Whilft  the  plan  for  raifing  and  forward- 
ing the  forces  wras  in  execution,  the  Hon. 
Spencer  Phips,  Efq.  Lieutenant-Governor 
and  Commander  in  Chief  of  the  Province, 
died  at  Cambridge,  by  which  the  executive 
branch  of  the  government  devolved  upon 
the  major  part  of  the  Council,  according  to 
the  Conflitution.  He  was  born  of  parents 
in  private  life,  and  was  adopted  by  and 
made  heir  to  Sir  William  Phips,  the  firft 
governor  of  the  Province,  under  its  laft 
charter.  He  rofe  through  fucceffive  offices 
to  that  of  Lieutenant-Governor  in  the  year 

17324 


April  4. 


1 6 


COUNCIL. 


1732;  and  continued  to  hold  it  without 
interruption,  aCting  feveral  times  as  Com- 
mander in  Chief,  until  his  death.  He  is 
characterized  as  a prudent,  diligent,  faithful, 
upright  man  in  the  various  ftations  which 
he  fuftained.*  It  is  faid  that  Governor 
Shirley’s  difcountenancing  his  being  prefent 
in  Council,  when  not  eleCted  a member  of 
that  body,  gave  him  a difguft,  and  led  him 
to  much  retirement,  and  an  averfion  to  the 
difplay  of  his  office  upon  other  occafions. 

The  Council  proceeded  in  the  neceffary 
affairs  of  the  government,  and  having  railed 
all  the  men  required  by  Lord  Loudoun, 
effeCted  their  march,  under  the  command 
of  Col.  Jofeph  Frye,  to  the  place  of  ren* 
dezvous,  though  not  without  great  difficul- 
ty, from  the  want  of  money,  f A letter 

was 

* Dr.  Appleton’s  Sermon  on  his  death. 

f The  eftablifhment  for  the  pay  of  the  forces  was  as 
follows : 

ARMY. 


Colonel,  - . per  month, 

£> 

18 

s. 

0 

4 

0 

Lieutenant  Colonel, 

0 

0 

Major,  - 

12 

0 

0 

Captain,  - 

8 

0 

• 

Firft  and  Second  Lieutenant, 

5 

0 

0 

Enfign,  . . 

3 

10 

0 

Chaplain,  - • * • 

6 

8 

0 

POWNALL. 


l7 


was  received  from  Mr.  Bollan,  informing  of 
the  appointment  of  Thomas  Pownall,  Efq.  to 
the  government  of  the  Province  ; which 

induced 


ARMY. 

£■ 

s . 

d : 

Surgeon, 

- 

- per  month, 

IO 

o 

o 

Surgeon's  Mate, 

- 

. 

5 

6 

8 

Sergeant, 

- 

- 

2 

3 

i 

Corporal, 

- 

- 

I 

18 

7 

Drummer, 

- 

- 

I 

18 

7 

Private, 

- 

- 

I 

16 

O 

Commiffary,  - 

To  the  firft  Officer  over  the  forces,  in 
addition  to  Colonel's  pay,  for  his 

8 

o 

o 

table. 

- 

m m 

IOO 

o 

o 

His  Secretary, 

- 

- 

8 

o 

O 

Surgeon  General, 

- 

H 

o 

o 

His  Mate, 

NAVY. 

5 

II 

o 

Captain, 

- 

- per  month,  8 

o 

o 

Lieutenant, 

■ 

• 

5 

o 

o 

Matter, 

- 

- 

4 

o 

o 

Pilot, 

- 

- 

4 

o 

o 

Chaplain, 

- 

- 

3 

IO 

o 

Mate, 

m 

• 

3 

o 

o 

Carpenter, 

- 

- 

3 

o 

o 

Gunner, 

* 

- 

3 

o 

o 

Boatfwain, 

m 

- 

3 

o 

o 

Cooper, 

- 

- 

2 

IO 

o 

Armourer, 

- 

- 

2 

IO 

o 

Coxfwain, 

- 

- 

2 

IO 

o 

Boatfwain’s  Mate, 

- 

- 

2 

5 

o 

Steward, 

. 

. 

2 

5 

o 

Cook, 

m 

m m 

2 

5 

o 

Quarter-Matter, 

m 

m m 

2 

5 

o 

Seaman, 

VOL.  II. 

C 

- * 

2 

Q 

o 

P O W N A L L. 


induced  the  Council  to  determine  upon 
poftponing  important  bufinefs  until  his  ar- 
rival, and  to  recommend  to  the  Houfe  to 
take  meafures  Cor  his  reception. 

Governor  Pownall  had  been  private  fec- 
retary  to  Sir  Danvers  Ofborne,  Governor  of 
New- York ; and  was  at  this  time  Lieutenant- 
Governor  of  the  Province  of  New-Jerfey. 
His  brother,  John  Pownall,  Efq.  was  one 
of  the  fecretaries  to  the  lords  of  trade, 
and  had  great  influence  on  American  af- 
fairs. When  he  firft  came  over  to  the 
country,  he  was  received  into  a confidential 
connexion  with  Governor  Shirley,  who  fent 
him  to  the  government  of  New-York  for 
the  purpofe  of  foliciting  their  concurrence 
in  the  plan  againft  Crown-Point : yet  he 
u»TmiUtary  could  not  forget  his  difappointment,  occa- 
North  * fioned  by  a refufal  of  his  requeft  to  be  ad- 
Amerka,  mitted  into  the  Council  at  Alexandria,  and 

&c.  . . . . 

he  ranged  himfelf  in  oppofition  to  his  friend, 
adhering  to  the  party  of  Lieutenant-Gover- 
nor Be  Lancey  and  Sir  William  Johnfon, 
who  laboured  for  Shirley’s  difmilfion  : report 
adds  that  he  anticipated  the  communica- 
tions of  his  patron  to  the  miniftry  as  origi- 
nating from  himfelf.  It  is  highly  probable 

from 


*9 


POWNALL 

from  his  connexions  and  profpe£ts,  that  he 
confidered  his  appointment  to  this  govern- 
ment as  a temporary  meafure,  introdudtive 
of  further  promotion,  and  fubfervient  to  per- 
fonal  views.  However  this  might  have 
been,  he  entered  into  the  caufe  of  the  coun- 
try with  fpirit ; and  if  he  difplayed  his  own 
merit  in  his  account  of  tranfa&ions  con- 
ducted under  his  adminiftration,  they  were 
not  the  lefs  promotive  of  the  public  intereft. 
He  went  over  to  England  in  the  latter  end 
of  the  year  1756,  immediately  after  the  dif- 
patches  containing  the  plan  of  operations 
for  the  next  campaign  ; and  is  faid  to  have 
folicited  a large  reinforcement  of  troops  for 
the  profecution  of  the  war  in  America. 
With  thefe  he  returned,  after  impreffing  a 
favourable  opinion  on  the  mind  of  the 
agent  of  the  General  Court,  by  the  ftrong- 
eft  aflurances  of  his  determinations  to  pro- 
mote the  profperity  of  the  Province,  and  by 
expreffing  the  higheft  regard  for  its  liberties 
and  charter  privileges. 

The  fleet  in  which  he  embarked  and 
which  brought  the  forces,  with  George 
Lord  Vifcount  Howe,  to  Halifax,  was  com- 
manded by  Admiral  Holbourn.  After  touch- 
ing 


PownaTTs 
Adminiflra- 
tion  of  the 
Britifh  Col- 
onics. 


Bollan’s 
M.  S.  Let- 
ter, March 
12,  1757- 


20 


POWNALL 


ing  at  that  place  Governor  Pownall  arrived 
at  Bofion  on  the  3d  of  Auguft,  when  his 
commiffion  was  publickly  read* 

The  addrefles  were  not  lefs  numerous, 
nor  lefs  flattering  perhaps,  than  upon  any 
former  occafion  of  the  fame  nature.  In  a 
few  days  he  performed  the  ceremony  of 
taking  poffeflion  of  Caftle  William.  The 
garrifon  was  then  commanded  by  Sir  Will- 
iam Peppered,  who,  upon  prefenting  the 
keys,  and  obferving  that  that  fortrefs  was 
the  key  of  the  Province,  gave  the  Governor 
an  agreeable  opportunity  of  complimenting 
this  conqueror  of  Louifbourg : “ The  in- 
tereft  of  the  Province,”  he  replied,  “ is  in 
your  heart  ; I fhall  therefore  be  always 
Boil.  Gazet.  g]ad  to  fee  the  keys  of  it  in  your  hands.” 

The  commencement  of  Governor  Pow- 
nall’s  adminiftration  happened  at  the  moft 
inaufpicious  period  of  the  war.  The  ene- 
my, after  having  made  a very  formidable, 
though  unfuccefsful,  attack  on  Fort  William 
Henry  in  the  month  of  March,  advanced 
again  in  the  month  of  July,  previoufly  to 
the  reinforcing  army  of  the  Englifh  reach- 
ing the  continent,  with  about  9000  regu- 
lar 


POWNALL. 


Iar  and  irregular  troops,  and  invefted  the 
fort  on  the  third  of  Auguft. 

General  Webb,  the  commander,  perceiv- 
ing the  motions  of  the  enemy  towards  him, 
fent  from  Fort  Edward  for  the  immediate 
reinforcement  of  the  additional  number  of 
men  which  was  to  be  furnifhed  in  cafe  of 
emergency.  The  Governor,  although  he 
had  arrived  only  a few  days  in  the  Province, 
immediately  ordered  forward  the  troop  and 
horfe,  and  put  a fourth  part  of  the  militia 
under  the  command  of  Sir  William  Pep- 
pered as  Lieutenant-General  of  the  Pro- 
vince, with  orders  to  afie  ruble  the  troops  at 
Springfield  and  garrifon  the  frontiers  ; or, 
if  expedient,  with  their  exfuit  (which  was 
made  neceflary  by  the  charter,  the  General 
Court  not  being  in  feflion  otherwife  to 
give  authority)  to  fend  off  reinforcements 
where  required.  He  gave  orders  alfo  to 
form  a magazine  at  the  place  of  rendezvous ; 
and  if  the  enemy  fhould  approach  the  fron- 
tiers, to  order  the  wheels  to  be  ftruck  off 
from  all  waggons  weft  of  Connecticut  Riv- 
er ; to  drive  off  all  horfes,  to  order  in  all 
provifions  that  could  be  brought  away,  and 
to  deftroy  the  remainder. 


Col. 


22 


fOWNALL. 

Col.  Munroe,  who  commanded  the  gar- 
rifon  at  Fort  William  Henry,  confiding  of 
between  2000  and  3000  regulars,  refilled 
the  enemy  with  fpirit,  until  the  9th  of  Au- 
guft,  when  feveral  cannon  having  been  burft, 
and  the  ammunition  much  exhauded  with- 
out great  effect,  a capitulation  was  entered 
into,  by  which  the  garrifon  was  allowed  to 
march  out  with  the  honours  of  war,  and  to 
be  protected  againd  the  Indians,  until  with- 
in the  reach  of  the  Englifh  at  Fort  Edward. 
The  breach  of  this  capitulation,  whether 
voluntary  or  unavoidable  on  the  part  of  the 
French,  was  a mod  intereding  fubje£t  of 
reproach  at  the  time,  and  long  continued  to 
fill  the  Britifh  Colonids  with  indignation 
and  horror.  A great  part  of  the  prifoners 
were  pillaged  and  dripped,  and  many  of 
them  murdered  by  the  favages.  Some  reach- 
ed Fort  Edward  in  a fcattering  manner,  and 
others  returned  again  to  the  French.  The 
confequences  of  this  furrender  by  the  lofs  of 
ordnance,  ammunition,  provifions,  the  {hip- 
ping on  Lake  George,  and  above  all,  the 
refpefl:  of  the  Indians,  was  truly  difadrous. 

Such  was  the  arrangement  of  the  regular 
forces  that  this  formidable  invafion  was  only 

to 


POWNALL. 


23 


to  be  repelled  by  muftering  the  militia, 
which  was  necefiarily  a flow  operation. 
From  Maflachufetts  Worthington’s,  Will- 
iams’s, Ruggles’s  and  Chandler’s  regiments 
marched  under  the  orders  aforementioned  ; 
and  the  fervice  was  fo  generally  and  zeal- 
oufiy  entered  into,  as  to  leave  the  weftern 
part  of  the  Province  in  a weak  and  danger- 
ous ftate  in  cafe  of  an  attack.  The  enemy 
not  proceeding  againft  Fort  Edward,  the 
march  of  the  militia  was  accompanied  with 
no  other  efFe£t  than  the  operation  which  it 
may  have  had  in  conjunction  with  other 
caufes  to  prevent  fo  important  a blow. 

Whilft  the  French  were  about  moving  in 
fuch  force  againft  the  forts  at  the  weftward, 
Lord  Loudoun  and  Sir  Charles  Flardy  em- 
barked at  New-York  with  6000  men  upon 
an  expedition  againft  Louifbourg  from  Hal- 
ifax. This  attempt,  undertaken  at  fo  much 
expenfe  to  the  trade  of  the  Colonies  by 
means  of  an  embargo  which  it  occafioned, 
and  to  the  arms  and  honour  of  the  nations, 
it  was  at  laft  agreed  from  the  increaied 
ftrength  of  the  French  at  Louifbourg,  to 
poftpone  to  the  next  year  ; and  notwith- 
ftanding  the  Province  of  !sTovarScotia  waa 

galled 


M S.  Let- 
ters  from 
Gen.  Webb, 
Capt.  G. 
Chriftie, 
Gov.  Pow- 
nall  and  oth- 
ers on  the 
files  of  the 
Gen.  Court, 


24 


POWNALL. 


Bollan’s  Let- 
ter to  Pitt, 
May  4, 


galled  by  the  French,  who  fled  from  the 
New-England  troops  in  the  year  1755  from 
the  mouth  of  the  River  St.  John,  and  up 
the  Petjecojack,  where  they  had  made  a 
fixed  Hand  ; and  were  always  ready  to  join 
either  Indians  or  Canadians  for  the  purpofe 
of  invading  the  Englifli  fettlements,  yet 
without  attempting  even  to  diflodge  them, 
on  the  31ft  of  Auguft  the  commanders  re- 
turned to  New- York  to  realize  the  triumph 
of  the  French.  They  brought  with  them 
fuch  a body  of  troops  as,  at  an  earlier  pe- 
riod, might  have  prevented  it,  but  which 
could  now  effect  nothing  more  than  to  fave 
expenfe,  by  difmiffing  the  provincials,  ex- 
cepting a few  companies  of  rangers. 

Notwithftanding  Lord  Loudoun  had  con- 
tended little  with  the  enemy  in  the  field  ; 
yet  he  was  much  embarrafled  by  a contro- 
verfy  which  he  entered  into  with  the  gov- 
ernment of  Maflachufetts,  and  which  mull 
have  been  lefs  grateful  to  a military  com- 
mander than  a conflift  with  the  fword. 
The  fubjedt  of  the  difpute  was  on  the  right 
of  quartering  troops.  Upon  information 
from  the  Governor,  that  a regiment  of 
Highlanders  was  expedted  in  Bofton,  the 

General 


POWNALL. 


General  Court  provided  barracks  for  the 
accommodation  of  1000  men  at  Caftle-Ifl- 
and,  not  as  an  expenfe  which  could  of  right 
be  demanded  of  the  inhabitants,  but  as  an 
advance  of  money  on  the  national  account. 
Soon  afterwards  feveral  officers  arrived  from 
Nova-Scotia  to  recruit  their  regiments,  which 
could  not  be  done,  if  they  were  to  be  lodg- 
ed in  the  barracks  at  the  Caftle.  They 
made  application  to  the  Juftices  of  the 
Peace  to  quarter  and  billet  them,  as  pro- 
vided by  act  of  Parliament  ; but  met 
with  a refufal,  on  the  principle,  no  doubt, 
that  the  act  did  not  extend  to  this  coun- 
try. In  confequence  of  this  Lord  Lou- 
doun fent  a letter  (Nov.  15,  1757)  infill- 
ing peremptorily  on  the  right  demanded,  as 
the  at  for  quartering  did,  in  his  opinion, 
extend  to  America,  and  every  part  of  his 
Majefty’s  dominions,  where  the  neceffities 
of  the  people  ffiould  oblige  him  to  fend 
thofe  troops,  either  for  the  defence  of  thofe 
dominions,  or  the  protection  of  his  fubjets. 
After  defcanting  largely  on  the  queftion,  he 
concluded  in  the  following  decifive  manner : 
That  having  ufed  gentlenefs,  patience,  and 
confuted  their  arguments  without  effect, 

they 

Vol.  11.  D 


26 


POWNALL. 


\ 


they  having  returned  to  their  firft  miftaken 
plan,  their  not  complying  would  lay  him 
under  the  neceffity  of  taking  meafures  to 
prevent  the  whole  continent  from  being 
thrown  into  confufion.  As  nothing  was 
wanting  to  fet  things  right,  but  the  Juftices 
doing  their  duty  (for  no  a£t  of  the  Aflem- 
bly  was  neceflary  or  wanting  for  it)  he  had 
ordered  the  mefienger  to  remain  only  48 
hours  in  Bcfton  ; and  if,  on  his  return,  he 
found  things  not  fettled,  he  would  inftantly 
order  into  Bofton  the  three  battalions  from 
New-York,  Long-Ifland,  and  Conne&icut ; 
and,  if  more  were  wanting,  he  had  two  in 
the  Jerfeys  at  hand,  befide  thofe  in  Pennfyl- 
vania.  As  public  bufinefs  obliged  him  to 
take  another  rout,  he  had  no  more  time  left 
to  fettle  this  material  affair,  and  muft  take 
the  neceflary  fteps  before  his  departure,  in 
cafe  they  were  not  done  by  themfelves. 

What  an  honourable  employment  would 
it  have  been  for  a Britifh  army,  when  the 
enemy  was  beating  them  from  their  outpofts, 
to  have  made  a retrograde  march  upon  the 
Colonifls,  whom  they  came  to  proteft,  and 
whofe  levies  and  militia  in  faft  protected 
themy  in  order  to  eftablifh  the  right  of  re- 
cruiting 


POWNALL. 


27 


cruiting  officers  to  be  billeted  upon  the  in- 
habitants of  Bofton  under  an  act  of  Parlia- 
ment ! 

The  General  Court  paffed  a law.  This 
law  was  ffiort  of  Lord  Loudoun’s  expecta- 
tions, which  he  failed  not  to  communicate 
by  a letter,  which  the  Governor  laid  before 
the  Aflembly.  They  anfwered  it  by  an  ad- 
drefs  to  his  Excellency,  in  which  the  fpirit 
of  their  forefathers  feemed  to  revive.  They 
again  aflerted  that  the  parts  of  the  aCt  of 
Parliament  relating  to  this  fubjeCt  did  not 
extend  .to  the  Colonies  and  Plantations  ; 
and  that  they  had  therefore  enlarged  the 
barracks  at  the  Caftle  to  accommodate  the 
number  recommended,  and  paffied  a law  for 
recruiting  parties  as  near  the  aCt  of  Parlia- 
ment, as  the  nature  of  the  country  and  its 
fettlements  would  admit  : that  fuch  a law 
was  neceflary  to  give  power  to  the  magif- 
trates,  and  they  were  willing  to  make  it, 
when  the  troops  were  neceflary  for  their 
protection  and  defence.  They  aflerted  their 
natural  rights  as  Engliffimen  : that  by  the 
royal  charter,  the  powers  and  privileges  of 
civil  government  were  granted  to  them : 
that  the  enjoyment  of  thefe  was  their  fup- 

port 


28 


P O W N A L L. 


port  under  all  burdens,  and  would  animate 
them  to  refill  an  invading  enemy  to  the  laft 
breath,  as  their  lofs  or  hazard  would  difpirit 
them.  If  their  adherence  to  thefe  rights 
and  privileges  in  any  meafure  leflened  the 
efteem  which  his  Lordlhip  had  conceived 
for  them,  it  would  be  their  great  misfortune  ; 
but  that  they  would  have  the  fatisfa&ion 
of  reflecting,  that  both  in  their  words  and 
adions  they  had  been  governed  by  a fenfe 
of  duty  to  his  Majelly  and  faithfulnefs  to 
the  trull  committed  to  them.  This  addrefs 
being  forwarded  with  aflfurances  from  the 
Governor,  Lord  Loudoun  affe&ed  to  rely 
on  them  for  making  the  matter  of  quarters 
eafy  in  future.  He  countermanded  the 
inarch  of  the  troops,  and  condefcended  to 
make  fome  conciliatory  obfervations  refpeCt- 
ing  the  zeal  of  the  Province  in  his  Majelly’s 
fervice.  For  thefe  he  received  a very  am- 
ple return  by  a melfage  from  the  two  Houfes 
to  the  Governor,  wherein  they  explained 
their  law  to  have  been  made  not  to  enforce 
an  aCl  of  Parliament,  but  to  fupply  meaf- 
* ures  in  a cafe  where  it  did  not  reach  them  : 
That  they  were  willing  by  a due  exercife 
of  the  powers  of  civil  government,  to  re- 
move as  much  as  might  be  all  pretence  of 

the 


if 


POWNALL. 


29 


the  neceflity  of  military  government.  Such 
meafures  they  were  fure  would  never  be 
difapproved  of  by  the  Parliament  of  Great- 
Britain,  their  dependence  upon  which  they 
never  had  a thought  of  lejfening  : That  the 
authority  of  all  a£ts  of  Parliament,  which 
concerned  the  Colonies  and  extended  to 
them,  were  ever  acknowledged  in  all  courts 
of  law,  and  made  the  rule  of  all  judicial 
proceedings  in  the  Province ; that  there  was 
not  a member  of  the  General  Court,  nor 
did  they  know  of  an  inhabitant  within  the 
bounds  of  the  government,  who  ever  quef- 
tioned  this  authority. 

To  prevent  any  ill  confequences  that 
might  arife  from  their  holding  fuch  princi- 
ples, they  then  utterly  difavowed  them,  as 
they  Ihould  readily  have  done  at  any  time 
paft,  had  there  been  occafion  for  it  : and 
they  prayed  that  his  Lordfhip  might  be  ac- 
quainted therewith,  that  they  might  appear 
* in  a true  light,  and  that  no  impreflions 
might  remain  to  their  difadvantage. 

So  condefcending  was  the  termination  of 
a difpute,  which  feemed  to  rife  to  haughti- 
nefs  and  afperity  on  one  part,  and  to  zeal 

and 


P O W N A L L. 


and  independence  on  the  other.  Mutual 
intereft,  without  doubt,  conducted  it  to  this 
channel.  After  being  w'orfted  on  the  fron- 
tiers, and  baffled  in  a projected  expedition 
againft  Louifbourg,  Lord  Loudoun  would 
have  made  a lamentable  end  of  his  com- 
mand, by  continuing  a controverfy  with  the 
principal  Colony  in  the  war  upon  a confti- 
tutional  queftion,  which  perhaps  could  not 
have  been  fettled  with  lefs  difficulty,  than 
thofe  of  a like  nature  in  preceding  times  : 
whilft  the  Province  on  the  other  hand  was 
not  unmindful  of  the  neceffity  which  it  was 
under,  to  conduct  on  every  fubje£t  in  fuch 
a manner  as  not  to  forfeit  the  expected  reim- 
burfement  from  the  Parliament. 

The  Governor  had  not  any  agreeable 
communications  to  make  to  the  General 
Court,  upon  his  convening  them  in  the  mid- 
dle of  Auguft.  He  fhewed  that  the  contro- 
verfy between  France  and  Great-Britain  was 
no  longer  on  the  queftion  of  boundaries, 
but  involved  the  fate  of  the  two  govern- 
ments : that  on  the  Colonies  the  fleets 
greatly  depended  ; and  on  the  naval  domin- 
ion of  the  mother  country  depended  her 
freedom,  and  the  exiftence  of  thefe  her  Col- 
onies 


P O W N A L L. 


3* 


onies  as  a people.  He  laid  before  them 
evidence  to  (hew  the  circumftances  of  the 
country,  when  he  arrived  in  it,  the  difaf- 
trous  events  which  afterwards  took  place, 
and  the  fubfequent  meafures  which  he  pur- 
fued  : and  communicated  alfo  Mr.  Secretary 
Pitt’s  and  Vice-Admiral  Holbourn’s  views 
of  the  neceffary  aid  to  the  navy. 

The  military  arrangements  for  the  year 
having  already  been  made,  and  the  feafon  be- 
ing too  far  advanced  to  admit  of  entering 
on  any  additional  plan  of  operations,  little 
feemed  to  be  left  for  the  legiflature  to  do 
for  remedying  the  misfortunes  which  had 
happened.  They  ftrengthened  the  fcouting 
parties  on  the  frontiers,  and  provided  quar- 
ters at  Caftle  William  for  1000  Highland- 
ers, who  were  expe&ed  from  England. 
With  refpedl:  to  the  Governor,  after  a con- 
gratulatory addrefs  from  each  Houfe,  they 
granted  £300  to  defray  the  charge  of  tranf- 
porting  his  equipage,  and  the  ufual  fum  of 
£i$oo  for  his  fupport.  The  diftreffes 
brought  upon  the  Province  by  the  war  had 
deranged  and  ruined  the  affairs  of  fo  many 
perfons  in  trade,  that  the  General  Court 
found  it  neceffary  to  pafs  a bankrupt  aft, 

fubjeft 


32 


POWNALL 


fubje£t  however,  as  will  be  hereafter  more 
fully  obferved,  to  the  negative  of  the  King, 
by  the  general  refervation  in  the  charter. 
The  feflion  was  clofed  by  a meflage  to  the 
Governor  refpeding  the  provifion  which 
had  been  made  for  quartering  troops,  in 
which  it  was  obferved,  that  there  were  cer- 
tain limits  which  the  people  would  not  be 
able  to  exceed  ; and  unlefs  his  Majefty 
would  be  gracioufly  pleafed  to  caufe  a part 
of  the  great  fums  which  had  been  advanced, 
and  for  which  the  Province  wras  in  debt,  to 
be  reimburfed,  that  it  would  be  impoffible 
for  the  government  to  contribute  to  the 
war  in  the  proportion  which  it  had  already 
done. 

Another  feflion  was  held  in  November, 
when  darknefs  feemed  to  be  wholly  fpread 
around  the  political  horizon.  The  enemy 
poflefled  almoft  every  poft  ; they  were  mat- 
ters of  the  communication  through  the 
whole  continent ; and  having  an  afcenden- 
cy  over  the  Indians,  by  means  of  their  inti- 
mate alliances  with  them,  might  be  faid  to 
command  the  country.  All  that  could  be 
oppofed  to  fuch  an  adverfe  ftate  of  affairs 
was  recommended  by  the  Governor  : to 

cover 


POWNALL. 


33 


cover  the  frontiers  : to  make  the  neceffary 
laws  for  rendering  the  militia  a real  defence  : 
to  examine  into  the  refources  of  the  coun- 
try ; and  to  regulate  trade  on  the  principles 
of  induftry  and  economy.  As  to  ofrenfive 
meafures,  he  obferved,  that  he  knew  they 
would  be  ufelefs,  and  advifed  the  General 
Court  to  fave  the  ftrength,  to  colled:  the 
force,  and  to  treafure  up  the  money  of  the 
Province,  until  God  fhould  call  them  out 
one  and  all,  to  wreak  his  vengeance  on  the 
breakers  of  the  peace,  the  French  in  Canada. 

The  Aflembly  aiming  at  a fyftem  of  de- 
fence by  the  old  approved  plan  of  a union, 
voted  to  fend  exprefles  to  each  of  the  New- 
England  governments  to  meet  by  commif- 
fioners  at  Bofton  to  concert  meafures  for 
their  mutual  protection  under  fuch  immi- 
nent danger.  This  plan,  as  will  be  mention- 
ed in  the  events  of  the  next  year,  was  check- 
ed and  defeated,  upon  principles  fomewhat 
fuiular  to  thofe  of  1 754  : and  a better  fecu- 
rity  was  realized  in  the  economical  manage- 
ment of  the  public  finances,  which,  upon 
the  fettlement  of  accounts,  left  a balance  of 
more  than  ^92,000  in  the  Province  treas- 
ury, after  difcharging  the  ordinary  expenfes. 

Vol.  11.  E Although 


34 


POWNALL 


W.  Leifner’s 
M.  S.  Jour- 
nal. 


Although  a detail  of  the  Indian  warfare, 
from  the  peculiar  horror  which  it  infpires, 
be  highly  interefting  to  the  people  of  the 
time  in  which  it  may  happen,  yet  to  fubfe- 
quent  generations,  when  the  importance  of 
tranfa&ions  is  meafured  by  their  real  confe- 
quences,  it  becomes  tedious  and  trifling. 
Faithfulnefs,  however,  to  the  undertaking 
which  we  have  begun,  requires  that  we 
fhould  not  wholly  omit  the  relation  of  thefe 
events.  We  fhall  therefore  obferve  in  fhort, 
that  the  Indians  on  the  frontiers  difcovered 
this  year,  their  ufual  lurking  fpirit  of  mif- 
chief,  and  not  without  receiving  chaftife- 
ment.  They  communicated  with  the  fort 
at  St.  George’s,  by  flags  of  truce,  in  fuch 
numbers  as  excited  the  apprehenfions  of  the 
commander.  He  therefore  previoufly  to 
the  propofed  return  of  a large  party,  fent 
out  twenty  men  in  the  night  time,  who 
came  upon  a body  of  the  Indians,  and  firing 
enfued  on  both  fides.  In  the  refult  the  gar- 
rifon  came  off  with  a fcalp,  having  one  man 
only  flightly  wounded. 


P O W N A L L. 


3S 


CHAP.  II. 

Louifbourg  taken  by  General  Amherjl  1758 — * 
Fort  Frontenac  taken  by  Col . Bradjlreet — - 
French  evacuate  Fort  Du  Quefic — Unfuc- 
cefsful  attack  on  Ticonderoga — Death  of 
Lord  Vifcount  Howe — General  Court  of 
Majfachufetts  ercEl  a monument  to  his  mem- 
ory— Attempt  of  the  French  on  the  fort  at 
George  s defeated — Bankrupt  law  difap - 
proved  by  the  King — Plan  of  military  ope- 
rations for  the  year  1759 — Number  of 
troops  voted  to  be  raifed  in  Majfachufetts — 
Mejfage  to  the  Governor , fating  the  cir- 
cumfances  of  the  Province — Fort  Pownall 
on  Penobfcot  river  erected — Succefs  of  the 
Britifh  arms  in  Canada. . 

TT  HE  gloom,  which  hung  over  the  pub- 
lic affairs  in  the  winter  of  17 57,  feemed  to 
be  difiipating  at  the  preparations  for  the  en- 
fuing  year.  The  chagrin  and  indignation 
excited  at  fo  many  unfuccefsful  campaigns 
roufed  the  courage  of  the  people,  and  mar- 
tialled  the  ftrength  of  the  Britifh  nation,  fo 
as  to  mature  it  for  action,  and  command 

that 


1758. 


36 


P O W N A L L. 


that  Crifis  which  turned  the  future  courfe  of 
the  war  in  their  favour.  The  fupplies, 
which  the  French  defigned  to  fend  for  the 
fupport  of  their  troops  in  Canada,  were,  in 
fome  inftances,  blocked  up  in  their  ports  at 
home,  and  in  others,  captured  at  fea.  Ad- 
miral Bofcawen  arrived  early  at  Halifax 
with  a fleet,  carrying  about  12,000  land 
forces,  commanded  by  General  Amherft 
with  the  aid  of  General  Wolfe,  to  invert 
Louifbourg.  The  troops  of  the  laft  year 
formed  an  army  of  i 0,000  men,  headed  by 
Major  General  Abercrombie,  who  fucceed- 
ed  Lord  Loudoun  as  Commander  in  Chief, 
to  advance  againft  Ticonderoga.  An  army 
of  5000  proceeded  in  the  tra£t  of  the  unfor- 
tunate Braddock,  with  better  aufpices,  againft 
Fort  Du  Quefne,  under  General  Forbes ; 
and,  in  order  to  give  vigour  to  the  com- 
bined operations  of  the  regulars  and  provin- 
cials, the  diftin£tions  between  their  officers 
were  taken  away. 

The  fpirit  of  the  mother  country  was 
fuceefsfully  rivalled  in  the  Colonies.  On 
the  receipt  of  Mr.  Pitt’s  letter,  the  General 
Court  of  Maffachufetts  unanimoufly  voted 
to  augment  their  men  to  7000,  the  whole 

number 


POWNALL. 


37 


number  Required,  of  whom  6925  actually 
marched  into  the  field,  notwithftanding  the 
large  proportion  of  artificers,  feamen,  and 
others,  which  they  had  already  furnifhed 
for  the  fervice.  They  alfo  promifed  each 
man,  -in  addition  to  his  pay  and  bounty,  £10 
upon  his  return,  provided  Canada  ftiould  be 
reduced,  A fubfcription,  which  had  been 
opened  for  encouraging  inliftments,  was  run 
up  to  near  ^20,000  in  lefs  than  twenty- 
four  hours.  The  regiments  were  completed 
early  in  the  month  of  May.  The  tranfports 
for  carrying  the  troops  to  Halifax  were 
manned  and  prepared  for  failing  in  about 
fifteen  days  after  they  were  engaged.  In 
fhort,  near  one  third  of  the  effe&ive  men  of 
the  Province  were  in  military  fervice  in 
fome  mode  or  other ; and  all  this  zeal  was 
manifefted  after  the  moll  depreffing  difap- 
pointments,  and  a burden  in  taxes,  which 
is  faid  to  have  been  fo  great  in  the  capital, 
as  to  equal  two  thirds  of  the  income  of  the 
real  eftates. 

The  attention  of  the  whole  country  was 
now  drawn  towards  Louifbourg,  the  field 
in  which  the  arms  of  New-England  had 
reaped  fo  much  honour  ia  the  laft  war. 

On 


Bolt.  Gass. 

Gen.  Court 
Records : 


3« 


P O W N A L L. 


GoVi  Liw* 
rencc’s  Let. 


Soft.  Gaz. 


On  the  28th  of  May  Admiral  Bofcawen 
failed  from  Halifax  with  a large  fleet,  and 
an  army  under  the  command  of  General 
Amherft,  to  inveft  and  capture  this  fortrefs. 
He  arrived  in  two  days,  and  the  landing  of 
the  forces,  in  which  the  New- England  troops 
did  honour  to  themfelves  and  their  country, 
was  effected  on  the  8th  of  June.  The  gar- 
rifon  furrendered  as  prifoners  of  war  on  the 
27th  of  July,  after  lofing  upwards  of  1500 
men,  and  beholding  the  city  almoft  an  heap 
of  ruins.  General  Amherft  embarked  with 
about  thirty  tranfports,  filled  with  the  victo- 
rious troops,  and  encamped  on  the  common 
in  Bofton,  the  latter  end  of  Auguft,  on  his 
march,  which  he  purfued  after  three  days’ 
reft,  to  the  weftern  forts.  The  extraordi- 
nary rejoicings  in  England  at  this  victory, 
feemed  to  revive  the  honour  of  the  northern 
Britifh  Colonies,  as  the  former  conquerors 
of  Cape  Breton.  The  trophies  taken  were 
brought  in  proceflion  from  Kenfington  to 
St.  Paul’s,  and  a form  of  thankfgiving  was 
ordered  to  be  ufed  in  all  the  churches. 

The  fuccefs  of  the  Englifh  arms  did  not 
terminate  in  the  taking  of  Louifbourg. 
Col.  Bradftreet  being  detached  by  General 

Abercrombie 


POWNALL. 


39 


Abercrombie  with  3000  men,  of  whom  only 
1 55  were  regulars,  took  the  important  fort 
of  Cadariqui  or  Frontenac,  and  the  French 
evacuated  Fort  Du  Quefne  on  the  Ohio, 
after  a battle  with  an  advanced  party  of 
General  Forbes’s  army.  Still  however,  Ti- 
conderoga,  the  great  object  of  New-En- 
gland’s  efforts,  remained  to  fcourge  the 
country.  An  attack  upon  the  enemy’s  lines 
there  proved  unfuccefsful,  at  the  expenfe  of 
1608  regulars  and  334  provincials,  who 
were  either  killed  or  taken.  Among  the 
individuals,  who  fell  in  this  ineffectual  ex- 
pedition of  General  Abercrombie,  none  was 
more  lamented  than  Lord  Vifcount  Howe, 
to  whofe  fervices  and  military  virtues  the 
General  Court  paid  a refpedtful  tribute,  by 
granting  £250  fterling  for  creating  a mon- 
ument to  his  memory.* 

The 

* This  monument  was  opened  in  Weftminfter-Abbey. 
The  following  is  the  defcription  of  it.  On  the  top  is  a 
trophy  of  arms  in  fine  white  marble ; and  on  a flat  pyra- 
mid of  black  marble,  are  his  Lordlhip’s  arms,  coronet  and 
creft  in  white  marble.  On  the  top  of  the  monument  fits 
the  figure  of  a woman  in  a melancholy  pofition,  reprefent- 
ing  the  Province  of  Maflachufetts  Bay,  and  under  it  is  the 
following  infcription  : The  Province  of  Maflachufetts  Bay, 
in  New-England,  by  an  order  of  the  Great  and  General 
Court,  bearing  date  Feb.  ift,  1759,  caufed  this  monument 


4® 


Aug-  14- 


POWNALL. 

The  force  of  the  Englifh  being  generally 
irr'efiftible,  where  it  operated  in  its  full 
ftrength,  the  French  made  attempts  to  dif- 
trefs  the  frontiers,  which  were  uncovered 
by  means  of  the  more  diftant  operations. 
Uniting  themfelves  with  the  Indians  of  St. 
John’s  and  Penobfcot,  they  planned  an 
attack  upon  the  fort  and  fettlements  at 
George’s.  Governor  Pownall  being  made 
acquainted  with  this  defign,  and  having  at 
command  fome  men,  who  were  intended  to 
be  joined  with  the  weftern  forces,  immedi- 
ately embarked  with  them  ; and  took  the 
neckry  quantity  of  ftores  and  ammuni- 
tion on  board  the  Province  {hip  King  George 
and  the  floop  Maffachufetts.  Thefe  troops 
he  threw  into  the  fort  moft  opportunely ; 
as,  on  the  day  after  he  left  it,  the  attack  was 
actually  made  by  about  400  of  the  enemy  . 

hut  from  thefe  expeditious  and  fpinted  meal- 

ures, 

TO  be  erefled  to  the  memory  of  George  Auguftus,  Lord 
in  America,  who  was  flam  July  6,  H58>  m]  tus 

z .f «■ 

nf  the  fenfe  they  had  of  his  fervices  and  military  virtu  , 
f , f the  afFeflion  their  officers  and  foldiers  bore  to  his 
command.  He  lived  refpeSed  and  beloved  P * 


POWNA LL 


ures*  the  garrifon  was  fo  well  prepared  to 
receive  them,  that  they  were  unable  to  make 
any  impreffion.  This  fervice  was  acknowl- 
edged in  grateful  terms  by  the  General 
Court,  and  was  thought  of  fo  highly  by  Mr,  ^ ^ ^ 
Pitt,  as  to  induce  him  to  aflure  the  Gover-  Pownair* 
nor,  that  his  activity  and  diligence  in  it  had  Pitt’s  m. 
met  with  the  King’s  moft  particular  appro- 
bation. 

This  attempt  upon  the  fort  at  George’s 
together  with  an  attack  equally  unfuccefsful 
upon  a fmali  fort  at  Colrain,  and  another  at 
Medumcook  where  eight  men  were  killed 
or  captured,  appears  to  conftitute  the  whole 
exertions  of  the  Indians  on  the  frontiers  the 
prefent  year. 

In  the  legal  hiftory  of  a commercial  coun- 
try, the  fortune  of  the  only  bankrupt  law* 
which  could  ever  be  obtained*  becomes  a 
matter  of  curiofity.  This  law,  having  been 
laid  before  the  King  for  the  royal  approba- 
tion, agreeably  to  the  charter,  was  referred 
to  the  lords  of  trade.  After  mature  confid- 
eration,  they  gave  it  as  their  opinion,  that 
although  a bankrupt  law  be  juft  and  equi- 
table upon  its  abftrad:  principle,  yet  it  had 

always 

Vol.  ii.  F 


42 


POWNALL, 


always  been  found  in  its  execution  to  afford 
fuch  opportunities  for  fraudulent  practices, 
that  even  in  England,  where,  in  moft  cafes, 
the  whole  number  of  creditors  were  refident 
on  the  fpot,  it  might  well  be  doubted, 
whether  the  fair  trader  did  not  receive  more 
detriment  than  benefit  from  fuch  a law. 
Eut  that  if  a like  law  fhould  take  place  in 
a Colony,  where  (as  they  were  informed) 
not  above  one  tenth  part  of  its  creditors 
were  refident,  and  where  that  fmall  propor- 
tion of  the  whole,  both  in  number  and  val- 
ue, might  (as  under  the  prefent  adt  they 
might)  upon  a commiffion  being  iffued,  get 
poffeflion  of  the  bankrupt’s  effects,  and  pro- 
ceed and  make  a dividend  before  the  mer- 
chants in  England,  who  made  the  other 
nine  tenths  of  the  bankrupt’s  creditors, 
could  even  be  informed  of  fuch  bankruptcy, 
it  was  eafy  to  forfee,  that  fuch  a law  could 
be  beneficial  to  the  very  fmall  part  of  the 
creditors  refident  in  the  Colony  only,  and 
that  the  reft  of  them,  who  refided  in  En- 
gland, would  be  expofed  to  frauds  and  diffi- 
culties of  every  fort,  and  might  be  greatly 
injured  in  their  properties  ; and,  for  thefe 
reafons  that  the  adr  fhould  forthwith  receive 
his  Majefty’s  difallowance.  This  opinion 

prevailed, 


POWNALL. 


prevailed,  and  the  law  was  accordingly  dif- 
approved  by  the  King,  to  the  great  incon- 
venience of  many  debtors,  who  had  actually 
furrendered  their  effects  under  it.  The 
General  Court  were  under  a neceffity  of  in- 
terfering in  their  behalf,  by  ordering  the 
actions  brought  againft  them  to  be  contin- 
ued until  the  beginning  of  the  year  1761, 
when  a law  was  made  for  finifhing  fuch 
commiffions,  as  had  been  commenced  dur- 
ing the  exiftence  of  the  late  rejected  aft, 
providing  remedy  for  bankrupts  and  their 
creditors. 

If  a fenfe  of  fhame  and  defeat  excited  a *759- 
fpirit  of  exertion  in  Great-Britain  the  laft 
year,  the  fuccefs  which  had  followed  gave 
an  extended  operation  and  renewed  vigour 
to  her  efforts  in  one  thoufand  feven  hun- 
dred and  fifty  nine.  A plan  was  purfued 
to  affail  the  French  in  America,  in  every  di- 
rection, and  by  a connexion  of  all  the.  parts 
to  transfufe  the  effect  of  the  fuccefs,  which 
could  not  well  fail  to  happen  in  fome  quar- 
ter, throughout  the  whole  fyflem.  The  de- 
ftru&ion  of  the  enemies’  poft  at  Ticonderoga, 
fo  unfuccefsfully  attacked  by  General  Aber- 
crombie, was  afligned  to  12,000  men  under 

General 


POWNALL. 


U 


General  Amherft,  with  a view  of  piercing 
into  Canada  by  the  Lakes  George  and 
Champlain  and  the  River  Sorell  down  to~ 
Quebec.  The  capture  of  this  city,  by  ad- 
vancing up  the  St.  Lawrence,  was  affigned 
to  an  army  of  about  9000  men,  under  the 
command  of  General  Wolfe,  and  a fleet  un- 
der Admiral  Saunders.  The  important  pafs, 
at  Niagara,  which  is  the  throat  of  the  north- 
weftern  divifion  of  the  American  Continent,, 
was  affigned  to  Brigadier  General  Prideaux, 
with  the  aid  of  Sir  William  Johnfon,  who 
commanded  the  provincials  and  Indians. 

The  Colonifts,  young  and  exhaufted, 
could  not  keep  pace  with  the  parent  country 
in  a war  now  protra&ed  to  a fifth  campaign, 
without  a more  prompt  and  punctual  aid  of 
money  than  fhe  had  afforded  them.  The 
compenfation  granted  to  the  Province  of 
Maflachufetts  Bay,  for  provifions  furnifhed 
to  the  King’s  troops  in  the  year  1756,  had 
not  been  remitted;  the  exertions  of  1 757 
were  never  noticed  ; nor  had  the  vaft  and 
difproportionate  expenfes  of  the  laft  year 
been  as  yet,  in  any  degree,  reimburfed.  The 
delays  and  precarious  decifions  of  the  public 
offices  in  apportioning  the  grants,  and  deliver- 
ing 


POWNALL. 


*5 


ing  the  money,  when  apportioned,  gave  dif- 
guft  and  difcouragement.  Add  to  this,  that 
the  ftrong  expectation  of  the  ftrenuous  ef- 
fort in  the  preceding  feafon  being  conclu- 
five,  greatly  abated  the  effedt  of  the  fuccefs 
which  actually  enfued. 

When  therefore  the  Governor  recited  to 
the  General  Court  his  proceedings  in  the 
laft  year,  the  promife,  in  their  anfwer,  to 
engage  in  further  meafures,  was  coupled 
with  an  intimation  of  their  reliance  on  the 
King’s  bounty  for  relief.  At  the  next  fef- 
fion  which  was  held  in  the  month  of  March, 
he  ftated  to  them  that  the  kingdom  of  Great- 
Britain,  at  an  unbounded  expenfe,  and  by 
the  molt  vigorous  efforts,  was  refolved  to 
protect  and  maintain  the  caufe  of  its  Colonies  ; 
and  his  Majefty  was  determined  to  make  a 
final  decifion  of  this  donteft  with  the  enemy 
ia  America  : that  compenfation  had  been 
made,  and  would  be  made,  for  this  year’s 
fervices,  even  in  that  which  was  peculiarly 
their  own  caufe  ; that  he  had  acquainted  his 
Majefty  with  their  addrefs,  fhewing  their 
readinefs  to  aid  in  promoting  his  fervice  to 
the  utmoft  of  their  abilities  : that  this  was 
a crifis  whether  the  French  ufurpations 

fhould 


46 


POWNALL. 


fhould  be  erefted  into  a kingdom,  or 
whether  the  Britifh  empire  in  America, 
ffiould  be  edablifhed  on  a folid  and  lading 
bafis,  which  would  depend  on  the  taking  of 
Canada,  or  being  frudrated  in  the  attempt. 

Notwithdanding  this  forcible  and  inter- 
eding  difplay  of  the  King’s  views,  the  Gen- 
eral Court,  at  prefent,  voted  to  raife  only 
5000  men,  and  fubjoined  to  the  vote  their 
reafons  for  raifing  no  more,  founded  on  the 
didrefles  of  the  Province  by  means  of  the 
former  difproportionate  levies,  many  of  the 
inhabitants  being  engaged  as  rangers  and 
batteau-men,  and  the  weight  of  the  debt  in- 
curred, which  was  fo  great  as  to  render  it 
extremely  difficult  to  procure  money  for  fur- 
ther fervice.  In  thefe  reafons  the  Governor 
acquiefced  for  the  prefent,  expecting  that 
they  would  raife  fuch  additional  numbers 
as  might  be  requifite  in  the  courfe  of  the 
year,  and  granted  a recefs  until  after  the 
time  affigned  for  raifing  the  levies,  upon  the 
General  Court’s  adurances,  that  they  would 
exert  themfelves  to  the  utmod  that  the  date 
of  the  government  would  admit.  Before 
the  next  feffion  letters  arrived  from  General 
Amherd,  informing  that  an  expedition  up 

the 


p O W N A L L. 


47 


the  St.  Lawrence  was  intended,  which  would 
take  away  a part  of  the  garrifon  of  Louif- 
bourg,  and  that  this  was  to  be  replaced  by 
a battalion  of  provincials  of  not  lels  than 
iooo  men,  to  remain  until  the  end  of  the 
campaign  ; and  that  it  would  be  necefiary 
that  a body  of  provincials  alfo  fliould  join 
what  might  remain  of  the  King’s  regular 
troops  for  the  protection  of  Halifax,  the 
Province  of  Nova-Scotia,  and  the  bay  of 
Fundy  for  the  fame  time.  The  General 
alfo  added  that  the  abilities  of  the  Province 
certainly  exceeded  5000  men,  and  hoped 
that  the  Court  would  confider  the  matter 
further,  as  this  expedition  muft,  in  all  hu- 
man probability,  put  an  end  to  the  war,  and 
compenfation  had  been  promifed  by  the 
Secretary  of  State,  in  cafe  they  Ihould  do 
their  heft.’ 

Thefe  letters  produced  a vote  for  railing 
1500  additional  men,  which  was  accompa- 
nied with  a meflage  to  the  Governor,  Hating 
the  circumllances  of  the  Province  fo  partic- 
ularly, as  to  render  it  too  ufeful  an  hiftorical 
paper  to  be  abridged.  It  was  as  follows  : 

“ The  feveral  reafons  and  motives  which 
your  Excellency  has  from  time  to  time  laid 

before 


43  PO  WN  ALL. 

before  the  two  Houfes,  in  order  to  indued 
an  augmentation  of  the  forces  for  the  ferviee 
of  the  prefent  year,  have  been  maturely 
weighed  and  confidered  by  us. 

tcWe  have  likewife  had  an  opportunity, 
in  the  recefs  of  the  Court,  of  acquainting 
ourfelves  with  the  ftate  of  the  feveral  parts 
of  the  Province,  and  its  ability  for  raifmg 
an  additional  number  of  men.  We  ac- 
knowledge with  gratitude,  that  the  intereft 
and  eafe  of  the  people  has  been  confulted 
by  your  Excellency  in  making  the  laft  levy, 
as  far  as  could  confift  with  his  Majefty’s 
ferviee,  and  the  purpofes  for  which  the  men 
are  raifed.  The  diftrefs  brought  upon  the 
Inhabitants  is  notwithftanding  extremely 
great.  The  number  of  men  raifed  this  year, 
we  are  fenfible,  is  not  equal  to  that  of  the 
laft.  The  Affembly  then  made  the  greateft 
effort  that  has  ever  been  known  in  the  Prov- 
ince. They  looked  upon  it  to  be  their  laft 
effort ; they  had  no  expectations  that  it 
could  be  repeated,  and  it  was  really  fo  great 
-as  to  render  it  impracticable  for  us  to  make 
the  like  a fecond  time.  The  number  of  our 
inhabitants  is  fince  then  much  leffened : 
Tome  were  killed  in  battle  ; many  died  by 

ficknefs, 


P O W N A L L. 


49 


ficknefs,  while  they  were  in  fervice,  or  foot! 
after  their  return  home  : great  numbers 
have  infilled  as  rangers,  artificers,  recruits  in 
his  Majefty’s  regular  forces,  and  for  other 
branches  of  the  fervice. 

w The  unprecedented  charge  of  the  laft 
year  alfo  tends  to  increafe  the  diftrefs  of  the 
Province.  The  expenfe  of  the  regiments 
raifed  for  his  Majefty’s  fervice  amounted  to 
near  one  hundred  and  twenty  thoufand 
pounds  fterling  : befides  this,  the  inhabitants 
of  the  feveral  towns  in  the  Province,  by  fines, 
or  by  voluntary  contributions  to  procure  men 
for  the  fervice,  paid  at  leaft  fixty  thoufand 
pounds  fterling  more  -y  which  is  in  all  re- 
fpefts  as  burdenfome,  as  if  it  had  been  raifed 
as  a tax  by  the  government.  The  defence 
of  our  own  frontiers,  and  the  other  ordinary 
charges  of  government,  amount  to  at  leaft 
thirty  thoufand  pounds  fterling  more. 

“ Becaufe  the  Province  laft  year  raifed  fev- 
en  thoufand  men,  it  is  inferred  that  it  is  able 
to  raife  the  fame  number  this,  and  no  allow- 
ance is  made  for  its  being  fo  much  reduced 
in  its  eftate  and  number  of  inhabitants. 

“ We 


VoL.  II. 


G 


5° 


F O W N A L L. 


<c  We  have  generally  been  the  firft  in  pro- 
pofals  for  public  fervice,  and  have  determin- 
ed what  force  we  would  employ  : other  gov- 
ernments have  followed  after  us  in  juft  what 
proportion  they  pleafed  ; and  we  wifh  it 
had  been  an  equal  one.  We  are  now  lef- 
fened,  and  they  are  increafed  ; and  we  are 
yet  urged  to  continue  the  fame  proportions. 
We  have  always  chofen  to  avoid  entering 
into  the  confideration  of  quotas  or  propor- 
tions, but  we  feem  now  obliged  to  do  it. 
We  conceive  that  in  order  to  determine  a 
juft  proportion,  the  wealth,  the  number  of 
inhabitants,  and  the  charges  of  each  govern- 
ment for  its  immediate  defence,  are  all  to 
come  under  confideration.  If  this  be  allow- 
ed to  be  a juft  rule  to  determine  by,  we  are 
fure,  that  not  only  in  all  paft  years,  but  in 
this  prefent  year  alfo,  we  have  done  more 
in  proportion  to  the  general  fervice,  than 
any  one  government  upon  the  continent. 

u We  know  of  iio  quota  fettled  for  each 
Colony  : the  agreement  made  at  Albany  by 
the  commiffioners  in  the*  year  1 754,  has 
been  generally  urged  as  a rule  of  proportion 
fince  that  time.  But  it  was  agreed  by  the 
fame  commiffioners,  that  regard  ffiould  al- 
ways 


P O W N A L L. 


5l 


ways  be  had  to  the  fpecial  fervices  of  any 
Colony  for  its  immediate  defence.  W e are 
obliged  to  keep  fix  hundred  men  in  pay 
in  defence  of  our  frontiers  and  fea  coafts. 
This  charge  fome  of  the  other  governments 
are  wholly  free  from,  and  the  reft  fubjedt 
to  in  a very  fmall  degree.  Exclufive  of  the 
fix  hundred  men  aforefaid,  we  have  already 
raifed  five  thoufand  men  for  the  general 
fervice.  Connecticut  has  raifed  in  propor- 
tion to  the  five  thoufand  only  according  to 
the  Albany  plan,  without  any  regard  to  the 
fix  hundred.  Every  other  government  falls 
fhort  even  of  that  ; fo  that  we  have  this 
year  already  done  more  in  proportion  than 
any  of  our  neighbours. 

“ We  are  told  that  we  are  the  leading 
Province  : we  have  been  fo  for  many  years 
paft ; and  we  have  been  as  long  unequally 
burdened.  We  have  borne  it  patiently,  al- 
though we  have  feen  our  inhabitants  leaving 
us,  and  removing  to  other  governments  to 
live  more  free  from  taxes  ; and  a few  years 
ago  for  this  reaftm  alone,  four  of  our  prin- 
cipal towns  refufed  any  longer  to  fubmit  to 
our  jurifdidtion,  and  another  government 

found 


5^ 


POWNALL. 


found  a pretence  for  receiving  them,  and 
they  are  not  yet  returned  to  us. 

44  Under  thefe  diftreffes,  we  are  ftill  willing 
to  afford  every  reafonable  aid  in  our  power. 
A further  imprefs  would  diftrefs  and  dif- 
courage  the  people  to  fuch  a degree,  that  as 
well  in  faithfulnefs  to  the  fervice,  as  to  the 
particular  intereft  of  this  Province,  we  are 
bound  to  decline  it.  But  great  as  our  bur- 
dens are,  we  have  now  engaged  a bounty 
more  than  double  what  has  ever  yet  been 
given  by  the  Province,  in  order  to  procure 
a voluntary  inliftment  of  fifteen  hundred 
men  over  and  above  the  five  thoufand  al- 
ready raifed  ; and  we  have  reafon  to  hope 
that  this  bounty  will  be  fufficient,  and  have 
the  effect  your  Excellency  defines.5* 

The  river  of  Penobfcot  offering  an  im- 
portant paffage  into  the  Atlantic  Ocean 
which  might  be  feized  by  the  French,  and 
becoming  alfo  a natural  rout  for  the  Indians 
into  the  Province  fince  the  fortifying  of  the 
river  St.  John,  Governor  JPownall  thought 
it  a fortunate  occafion  to  take  poffeffion  of 
that  country,  and  to  fccure  it  by  erecting  a 
fort.  In  executing  this  fervice  he  happily 

availed 


POWNALL. 

availed  himfelf  of  the  aid  both  of  the  crown 
and  the  Province,  and  notwithftanding  the 
preflure  of  the  public  burdens,  and  the  great 
complaints  that  exifted  in  Maflachufetts  rel- 
ative to  the  erecting  and  maintaining  of  forts, 
he  received  the  thanks  of  the  General  Court, 
for  the  manner  in  which  he  economized  the 
public  money.  He  firft  procured  the  con- 
fent  of  General  Amherft  to  reimburfe  the 
expenfe  of  erecting  this  fortrefs,  and  that 
the  men  to  be  employed  in  the  work  fhould 
be  reckoned  as  a part  of  the  number  voted 
to  be  raifed  for  the  army.  The  General 
Court  then  granted  400  troops  to  take  pot 
feffion  of  the  country,  ordering  at  the  fame 
time,  that  the  forts  at  St.  George’s  and 
Pemaquid  fhould  be  difmantled  at  the  peace. 

With  this  force  the  Governor  repaired  in 
perfon  to  Penobfcot,  and  completed  his  work 
'without  oppofttion.  He  fent  to  the  tribe 
of  Indians  to  inform  them  of  his  purpofe, 
and  to  invite  them  to  defend  their  land,  if 
they  intended  it.  He  told  them  that  fhould 
they  kill  an  Englifhman  in  future,  they 
fhould  be  forced  to  fly  from  the  country, 
which  he  would  fweep  from  one  end  to  the 
other,  and  hunt  them  all  out.  That  he 

fought 


J4 


POWNALL, 


fought  not  their  favour,  but  pitied  their  dif- 
trefs,  and  that  if  they  would  become  En- 
glifh,  and  live  near  the  fort,  he  would  pra- 
ted: them,  aflign  them  planting  ground,  and 
permit  them  to  hunt  as  ufual.  After  this 
he  returned  without  any  remarkable  event 
taking  place,  excepting  the  lofs  of  Brigadier 
General  Waldo  by  a natural  death. 

The  coll  of  the  fort  amounted  to  ^4969 
17 x.  2 d.  The  Governor  fhewed  that  the 
fame  men  who  were  employed  in  it,  had 
they  joined  the  army  in  general,  would  have 
coft  ^1803  1 os,  4 d.  more.  Upon  which 
the  Houfe  voted  him  their  thanks  for  his 
wife  meafures  in  fecuring  the  country  of 
Penobfcot  ; and  juftly  pronounced  Fort 
Pownall  to  be,  as  he  had  called  it,  the  bed 
and  lead  expenfive  fortrefs  of  any  that  had 
been  erected  in  the  Province.  The  troops 
at  Brunfwick  and  Pemaquid,  and  the  fcout- 
ing  parties  at  the  lodgments  on  the  weftern 
frontiers  were  now  difmiffed,  and  a garrifon 
of  100  men  voted  for  Fort  Pownall.  The 
Court  alfo  granted  £ 200  to  the  Governor, 
in  addition  to  the  ufual  falary  of  ^1300,  for 
Journal  his  extraordinay  fervices  on  this  and  other 
ev"ps‘  occafions. 


The 


POWNALL. 

The  diftant  and  important  operations  in 
Canada  almoft  wholly  relieved  the  fuffering 
inhabitants  of  the  frontiers  of  the  Province, 
and  indeed  by  a train  of  fucceffes,  gave  a 
pledge  of  the  future  eafe  and  fecurity  whicli 
was  about  to  fpread  over  all  the  Britifh 
Colonies.  The  fall  of  Crown-Point,  Ti- 
conderoga,  Niagara,  and,  above  all,  the  cap- 
ture of  Quebec,  clofed  the  year  with  uni- 
verfal  rejoicing  and  well  founded  hope  that 
the  toils  of  war  would  Ihortly  ceafe  through- 
out the  land. 


56  POWNALL 

CHAP.  III. 

Number  of  troops  voted  to  be  raifed  in  the 
Province  for  the  year  1 760 — Great  fire  in 
Bofion — Peace  concluded  with  the  Penob - 
fcot  Indians — Popularity  of  Governor  Pow - 
nail — Embarks  for  England — Controverfy 
between  the  Council  and  Houfe  refp effing 
the  mode  of  pajfmg  the  Preafurer  s -ac- 
counts— Reafening  of  Mr . Agent  Bolla?i  on 
the  rule  for  apportioning  the  grants  of  Par- 
liament among  the  feveral  Colonies . 

*760.  Notwithstanding  the  fruits  of 

victory  began  to  ripen  at  the  capture  of 
Quebec,  yet  great  exertions  were  fuppofed 
to  be  neceflary  to  enfure  a full  harveft  to  the 
Britifh  arms  in  the  next  compaign,  as  the 
French  ftill  remained  in  force  in  Canada, 
and  had  nearly  retrieved  the  lofs  of  their 
capital.  Governor  Pownall,  wrought  up 
with  the  eager  and  juft  expe&ation  that  the 
blow  fo  forcibly  ftruck  would  be  decifive,  if 
immediately  followed  by  another,  without 
allowing  the  enemy  an  interval  of  relief, 
made  ufe  of  his  influence  with  the  ufual  fuc- 
cefs  to  lead  the  General  Court  into  the  ear- 

lieft 


POWNALL 


57 


lieft  preparations  for  raifing  their  proportion 
of  the  army.  The  Province  already  fup- 
plied  troops  to  defend  Louifbourg,  Halifax, 
and  Lunenburg,  and  entirely  garrifoned 
Annapolis,  Fort  Cumberland  at  Chigne&o, 
and  Fort  Frederick  at  St.  John’s.  For  the 
encouragement  of  thefe,  four  pounds  were 
voted  for  each  private,  and  one  month’s 
wages  to  each  officer  who  remained  in  gar- 
rifon  after  the  firft  of  November  ; the  pay 
of  the  whole  was  to  be  continued  until  the 
firft  of  May  following  ; and  in  order  to  re- 
concile them  to  fo  long  an  abfence  on  duty, 
they  were  promifed  a difcharge  as  foon  as 
the  feafon  would  admit.  A bounty  of  nine 
pounds  was  then  voted  for  every  man,  to 
the  number  of  five  thoufand,  who  would  en- 
lift  for  another  campaign  : And  thefe  terms 
received  great  weight  from  the  high  credit 
of  the  Treafury,  which  had  been  replenilh- 
ed  by  a remittance  of  upward  of  ^20,000 
reimburfement  money,  and  was  managed 
with  the  exa&eft  economy.  Thefe  meaf- 
ures  anticipated  the  King’s  wifhes,  as  expreff- 
ed  in  Mr.  Pitt’s  letter  communicated  at  the 
next  feffion,  in  which  he  obferved  that  his 
Majefty,  having  nothing  at  heart  fo  much 

as 


Vol.  11. 


H 


S8 


POWNALL. 


as  to  improve  the  great  and  important  ad- 
vantages gained  the  laft  campaign,  expefted 
that  they  would  make  provifion  for  the  levy, 
pay,  and  clothing  of  at  leaft  as  large  a body 
of  men,  as  they  then  did,  and  even  as  many 
more  as  the  number  of  inhabitants  might 
allow  ; and  that  to  encourage  it,  ftrong  rec- 
ommendations would  be  made  to  Parliament 
next  year,  to  grant  a proper  compenfation, 
for  fuch  expenfes,  according  as  the  active 
vigour  and  ftrenuous  efforts  of  the  refpe£tive 
Provinces  fhould  appear  juftly  to  merit. 

In  the  midft  of  the  burdens  and  diftreffes 
of  the  war,  there  happened  the  greateft  mif- 
fortune  of  its  kind  ever  known  in  the  capi- 
tal, by  the  conflagration  ftill  denominated 
the  Great  Fire,  which  raged  fo  violently  as, 
in  about  four  hours,  to  deftroy  nearly  a tenth 
part  of  the  town.  It  began  by  accident  in 
that  quarter  of  Cornhill,  which  is  oppofite 
to  Williams’s  court,  and  not  only  fwept  away 
the  buildings  in  that  direction  to  the  water, 
but,  widening  to  the  fouthward,  and  taking 
in  the  lower  part  of  Milk-ftreet,  it  extended 
to  Fort-Hill  and  the  South-Battery,  and  then 
turning  upon  King-flreet  ran  from  the 
corner  oppofite  to  the  Bunch  of  Grapes 

Tavern, 


POWNAL  L. 


59 


Tavern,  and  deftroyed  the  buildings  on  the 
fouth  fide  of  that  ftreet,  almoft  down  to  the 
Long  Wharf.  There  were  confumed  174 
dwelling  houfes,  175  warehoufes  and  other 
buildings,  with  large  quantities  of  merchan- 
dize, furniture,  and  tools,  the  value  of  which 
amounted  to  ^71,1 12  js.  3 d.  and  220  fami- 
lies were  turned  upon  their  neighbours  for 
fhelter.  The  circumftances  of  the  town 
had,  before  this,  been  a juft  fubjed  for  legis- 
lative afliftance,  from  a great  inequality  of 
the  taxes  owing  to  the  long  continuance  of 
the  rule  of  valuation  then  in  ufe,  by  which 
Bofton  was  fet  at  ^170  in  the  thoufand. 
Such  had  been  the  increafe  of  the  fettle- 
ments  and  population  of  the  Province  in 
about  nine  years  fince  this  rule  had  been 
eftablifhed,  that  trading  towns  had  arifen  to 
{hare  the  profits  of  commerce  with  the  cap- 
ital, in  places  where  forefts  then  flood  ; and 
in  fome  inftances  the  number  of  the  polls 
in  new  townfhips  was  fo  great,  as  to  pay 
their  whole  proportion  of  the  tax  to  the  ex- 
emption of  the  eftates.  Partial  relief  only 
having  been  given  to  the  town  under  this 
grievance,  its  claim  upon  the  General  Court 
in  the  prefent  calamity  became  irrefiftible. 
A brief  was  granted  to  colled  money  by 

voluntary 


6o 


POWNALL. 


Journals. 
Petition  of 
the  town. 
Selectmen’s 
Records. 


voluntary  contribution  throughout  the  Prov- 
ince ; and  for  the  immediate  relief  of  the 
poor,  ^3000  was  allowed  out  of  the  excife, 
£ 1 1 00  was  alfo  remitted  to  the  inhabitants 
by  way  of  abatement  of  their  taxes  ; a loan 
to  the  town  of  ^3500  was  continued,  and 
at  the  next  feflion,  a petition  to  the  King  in 
its  behalf  was  agreed  on,  and  committed  to 
the  patronage  of  the  Governor.  The  Af- 
fembly  of  New-York  pafled  an  aft  for  grant- 
ing the  fufferers  ^2500,  which  was  carried 
into  effeft,  and  the  government  of  Pennfyl- 
vania  gave  £1500  for  the  fame  charitable 
purpofe.  In  fhort  the  donations  from  one 
quarter  and  another  amounted  to  the  fum 
of  ^17,756  15/.  8d.  Benevolence  was 
followed  by  juftice,  and  the  next  year  the 
town  was  reduced  in  the  apportionment  of 
taxes  to  £ 1 1 2 in  the  thoufand. 

As  Governor  Pownall  arrived  in  the  Prov- 
ince at  the  moft  gloomy  ftate  of  the  war,  fo 
he  had  the  good  fortune,  before  his  depar- 
ture from  it,  to  find  the  fuccefs  of  the  Britifh 
arms  eftablifhed,  and  the  fruits  of  viftory  in 
fome  meafure  realized. 

The  eaftern  Indians,  who  are  the  mere 
dependants  upon  the  fortunes  of  the  great 

contending 


6 1 


P.OWNALL 

contending  powers,  began  to  furrender,  as 
the  arms  of  the  French  declined.  Among 
thefe  the  Penobfcots,  who  were  fituated 
within  the  bounds  of  MafTachufetts,  experi- 
enced the  final  decline  of  their  powers  as  a 
warlike  tribe.  The  increafing  fpirit  of  na- 
tional hoftility,  or  fome  other  caufe  had  ren- 
dered hopelefs  all  profped  of  fatisfadion  for 
the  flaughter  of  their  countrymen  in  the 
year  1 755,  Capt.  Cargill  having  been  tried 
for  murder  and  found  not  guilty,  and  about 
the  fame  time  received  with  another  perfon 
£600  from  the  public  treafury  for  killing 
two  other  Indians  in  Penobfcot  Bay.  The 
effeds  of  war  upon  their  population  had 
been  fo  great  as  to  reduce  them  to  five 
fachems  and  feventy-three  warriors  ; and 
they  now  felt  an  irrefiftible  check  upon 
them  by  the  eredion  of  the  fort  at  the 
mouth  of  their  river.  Under  thefe  deprefT- 
ed  circumftances  they  fent  deputies  to  fet- 
tle a peace  at  Bofton.  The  terms  were 
fuch  as  their  condition  invited.  Acknowl- 
edging themfelves  to  be  fubjeds  of  the  King 
of  Great-Britain,  they  confefled  their  rebell- 
ion, and  the  forfeiture  of  their  lands  in  con- 
fequence  of  it.  They  received  as  a favour 
the  privilege  of  hunting  upon  them,  and 

otherwife 


Sup.  Court*® 
Records. 
June  Term 
1 755,  at 
York. 


April  9. 


6z 


POWNALL, 

otherwife  ufing  fuch  parts  as  ftiould  be  af- 
figned  for  that  purpofe.  They  promifed  to 
dwell  near  Fort  Pownall.  They  relinquifh- 
ed  all  alliance  with  the  French,  and  engaged 
to  deliver  up  future  offenders  to  be  tried  by 
the  laws  of  the  Province. 

Governor  Pownall  being  appointed  to 
the  command  of  South-Carolina,  with  a 
more  advantageous  falary,  he  prepared  to 
return  to  England  with  permiffion,  previ- 
oufly  to  his  entering  upon  the  duties  of  his 
new  commiffion.  His  adminiftratioa  had 
been  fhort,  but  extremely  fuccefsful.  He 
faw  the  prevailing  feelings  and  habits  of 
the  people,  and  realizing  that  his  future  ad- 
vancement might  depend  much  upon  the 
reputation  which  he  might  acquire  in  Maf- 
fachufetts,  he  accommodated  his  meafures  to 
them  with  fuch  addrefs,  that  he  was  even 
exempted  from  exceptions  to  appearances  in 
his  perfonal  conduct,  which  would  have 
been  highly  cenfurable,  according  to  the 
ftrid  notions  of  the  times,  in  a lefs  favourite 
character.  The  favings  of  the  public  mo- 
ney, which  he  made  by  his  exertions,  ren- 
dered him  juftly  popular  in  a Province, 
where  the  want  of  affluence  could  be  fup- 

plied 


POWNALL.  63 

plied  only  by  induftry.  He  effe&ed  this 
by  the  greateft  attention  to  the  difpatch  of 
public  bufinefs,  which  fhortened  the  feflions 
of  the  General  Court,  and  of  courfe  reduced 
the  drafts  on  the  treafury  for  the  pay  of  the 
members.  He  leflened  the  advances  of  the 
Province  by  uniting  with  them  the  allow- 
ance of  the  crown  for  milage  money  to  the 
foldiers  ; and  his  manner  of  building  the 
fort  at  Penobfcot  was  a mafter-piece  of  po- 
litical economy.  He  aflociated  with  an  eafy 
condefcenfion,  amongft  thofe  leaders  in  the 
capital,  who  generally  direded  the  voice  of 
the  multitude,  whilft  he  indulged  his  nat- 
ural gaiety  in  the  politer  circles  of  fafhioa 
and  pleafure.  The  importance  of  his  con- 
nexions, and  his  fuppofed  influence  in  En- 
gland, had  great  weight  with  thofe,  to  whom 
the  public  affairs  of  the  Province  were  par- 
ticularly intruded  ; and  indeed  in  his  future 
parliamentary  conduct  he  fhewed  himfelf 
not  unmindful  of  this  refped.  The  con- 
cerns of  the  war  kept  nearly  out  of  fight 
the  great  controverfial  points  refpeding 
rights  and  prerogative,  on  which  the  Gen- 
eral Court  and  former  Governors  ufually 
divided  ; and  when  they  came  up,  as  once 
happened  in  the  cafe  of  ftationing  troops  on 

the 


POWNALL. 


June  3d. 


the  frontiers,  he  yielded  to  a fpirit  which  it 
had  coft  fo  much  to  fubdue  on  fimilar  occa- 
fions,  and  which  he  was  not  ill  adapted  to 
manage  by  apparent  conceflions.  It  was 
the  height  of  his  good  fortune  that  the  Britifh 
arms  prevailed  beyond  all  rational  calcula- 
tion, which  caft  a luftre  on  his  exertions  in 
the  military  department,  and  gave  an  exul- 
tation to  the  people,  that  naturally  elevated 
their  immediate  rulers  in  their  view.  The 
extent  of  his  influence  with  the  members  of 
the  Legiflature  is  evidenced  by  their  refped- 
ful  addrefles  and  by  a compliment  which 
the  majority  of  the  Houfe  paid  him  by  of- 
fering him  a paflage  to  England  in  the  pro- 
vincial frigate,  which  they  had  afligned  for 
bringing  over  the  reimburfement  money 
granted  by  Parliament,  although  it  was  the 
only  veflel  of  force  that  was  left  to  proted 
the  trade.  This  propofal  however,  was 
fhewn  in  a remonftrance  of  the  merchants 
to  the  Council,  to  be  fo  hoftile  to  commerce, 
and  fo  extravagant  as  it  refpeded  the  freight 
of  the  public  money,  that  the  projed  was 
given  up,  by  the  Governor’s  declining  the 
offer  and  taking  paflage  in  a private  fhip. 
When  he  embarked,  both  Houfes  attended 
him  in  a body  to  his  barge,  and  every  cere- 
mony 


POWMALL 


mony  was  adopted  which  could  leave  a fa- 
vourable impreffion  on  his  mind. 

To  thofe  who  are  curioils  in  tracing  the 
parliamentary  hiftory  of  the  Province,  and 
the  manner  in  which  the  conftitutional 
rights  of  the  feveral  branches  of  the  Legifla- 
ture  were  fettled  under  the  charter,  it  may 
not  be  difpleafing  to  (ketch  a controverfy 
refpe<5ting  the  mode  of  pafling  the  Treasur- 
er's accounts,  which  terminated  at  this  pe- 
riod. Thefe  accounts,  having  been  laid  be- 
fore the  Houfe,  were  referred  to  a commit- 
tee of  their  own  : upon  a report  being  made, 
the  Houfe  voted  to  accept  it,  and  that  the 
accounts  be  allowed.  The  Council,  agree- 
ing to  allow  the  accounts,  concurred  in  the 
vote  with  an  amendment,  which  was  to  ex- 
punge the  acceptance  of  the  report  of  the 
committee,  they  not  having  had  any  con- 
cern in  the  commitment,  nor  any  privity 
with  a committee  of  the  Houfe.  In  this 
the  Houfe  unanimoufly  non-concurred ; 
and  thus,  under  the  appearance  of  mere 
form,  the  two  branches  of  the  General 
Court  were  at  iflue  upon  their  refpedlive 
rights,  as  will  be  more  fully  fhewn  in  the 

recital 


Voi..  n. 


I 


POWNALL 

recital  of  their  arguments.  The  Council 
declared  that  they  had  nothing  in  view  but 
to  preferve  order  and  their  known  eftablifh- 
ed  rights  : that  if  an  order  of  the  whole 
Legiflature  were  neceiTary  for  the  Treafurer’s 
difcharge,  and  a due  fettlement  of  his  ac- 
counts, and  the  Council  were  to  be  confid- 
ered  as  one  branch  of  the  Legiflature,  they 
chofe  to  fee  with  their  own  eyes,  and  not 
with  the  eyes  of  a committee  of  the  Houfe: 
that  the  practice  had  been  both  ways  through 
inadvertency  ; and  if  the  Houfe  thought 
that  they  had  a right  alone  to  difcharge  the 
Treafurer,  there  was  no  propriety  in  fend- 
ing the  accounts  to  the  Board. 

To  this  the  Houfe  replied,  that  their  pro- 
ceedings were  agreeable  to  ufage,  a few  in- 
ftances  of  inadvertency  excepted  : that  true 
it  was  that  the  order  of  the  whole  Court 
was  neceflary  for  the  Treafurer’s  difcharge, 
but  the  late  pradtice  of  the  Board  of  a fpe- 
cial  examination  of  the  Treafurer’s  accounts 
was  novel,  and  not  within  the  rights  belong- 
ing to  them  either  as  the  King  s Council  or  as 
one  branch  of  the  Legiflature  : that  the 

Houfe  challenged  as  their  fpecial  rights  and 
privileges  the  foie  modelling  of  all  laws,  for 

impofingf 


POWNALL 


67 


impofing  taxes’ on  the  people  for  the  defence 
and  fupport  of  government ; and  had  power 
alfo  to  inquire  into  and  judge  of  the  ufes 
and  occafions,  for  which  monies  were  de- 
manded and  given  and  to  appropriate  the 
fame,  and  to  inquire  into  the  applications, 
and  cenfure  the  mifapplications  thereof ; 
and  that  by  the  Britifh  conftitution  thofe 
powers  and  privileges  were  hereditary  to 
the  Reprefentatives  of  the  people  : and  they 
apprehended  that  the  Board  had  no  right 
in  thofe  cafes  to  amend  the  doings  of  the 
Houfe,  but  abfolutely  to  aflent  to,  or  diffent 
from  them  : that  the  Board  could  not  but 
be  fenfible  that  in  all  bills  for  levying  mo- 
ney, the  Houfe  had  challenged  and  preferv- 
ed  their  right  of  the  foie  modelling  of  the 
fame  ; and  that  there  was  the  fame  reafon 
that  they  fhould  have  the  like  power  of  in- 
quiring into  applications  of  the  monies  raif- 
ed  upon  the  people  : that  the  Houfe  knew 
of  no  other  proper  method  of  their  making 
fuch  an  inquiry  but  by  a committee  of  their 
own,  and  confequently  no  proper  method 
of  their  paffing  the  Treafurer’s  accounts,  but 
by  an  acceptance  of  the  report  of  fuch  a 
committee,  and  pafling  a refolve  thereon. 

The 


68 


POWNALL, 


The  Council  rejoined  that  the  Houfe  mif- 
took  their  intentions.  Their  exception  re- 
lated merely  to  the  form  of  the  vote  ; and 
therefore  the  anfwer  of  the  Houfe  urging 
their  right  to  originate  and  frame  all  laws 
for  impofing  taxes,  to  judge  of  the  ufes  for 
which  all  monies  were  granted,  and  to  ap- 
propriate all  fuch  monies  as  they  think  fit, 
Were  entirely  out  of  the  queflion  : that 
the  Board  had  no  right  to  amend  the  votes 
of  the  Houfe  in  the  cafes  mentioned,  was 
neither  acceded  nor  denied,  as  there  was  no 
occafion  to  determine  it,  it  being  irrelative 
to  the  cafe  in  difpute  : that  the  application 
of  the  public  money  was  made  by  the  Gov- 
ernor with  the  advice  and  confent  of  the 
Council ; that  the  Houfe  would  not  fend  a 
vote  refpeding  an  inquiry  into  fuch  appli- 
cation to  the  Board  for  their  concurrence  ; 
that  the  examination  into  the  Treafurer’s 
accounts,  and  an  inquiry  how  far  he  had 
difcharged  himfelf  was  quite  a diftindt  thing 
from  the  other  inquiry.  In  order  to  deter- 
mine this,  the  Houfe  allowed  a vote  of  the 
whole  Legiflature  to  be  neceflary ; and  in- 
deed there  was  no  more  pretence  for  the 
Houfe  to  affume  an  exclufive  right  of  ex- 
amining the  accounts  of  the  Province  Treaf- 

urer. 


POWNALL 


69 


urer,  than  the  account  of  the  Province  Agent, 
or  of  any  committee,  or  of  any  perfon  or 
perfons  whatfoever  employed  by  the  gov- 
ernment in  any  public  truft : that  perhaps 
the  right  of  the  Houfe  to  any  fhare  in  pair- 
ing upon  the  Treafurer’s  accounts  was  de- 
rived entirely  from  the  a£t  of  the  Province 
made  in  the  8th  year  of  King  William, 
which  provided  that  fuch  accounts  fhould 
be  laid  before  the  General  Aflembly,  for 
their  examination,  approbation,  and  allow- 
ance, but  gave  no  precedence  to  the  Houfe 
of  Reprefentatives  more  than  to  any  other 
branch  of  the  Aflembly  : that  there  was 
nothing  in  the  nature  of  thefe  accounts  to 
diftinguifh  them  from  all  other  accounts, 
which  were  pafled  on  by  the  Governor  with 
the  advice  and  confent  of  the  Council : that 
precedents  were  both  ways,  but  were  not  of 
much  confequence  in  this  cafe  ; they  ought 
to  be  reduced  to  reafon  and  propriety  of 
proceeding,  and  not  the  reverfe  : that  in  or- 
der to  concur  or  non-concur  (a  right  which 
the  Houfe  admitted)  it  was  neceflary  to  ac- 
quire knowledge  by  their  own  examination : 
that  if  they  were  to  do  this  by  a committee 
of  the  Houfe,  they  might  be  confidered  as 
mere  machines  of  the  Houfe,  which  they 

did 


70 


HUTCHINSON. 


did  not  intend  to  fubmit  to  : that  they 
were  extremely  anxious  to  a£t  in  concert 
with  the  Houle  ; but  if  nothing  better  could 
be  done,  they  fhould  be  under  the  neceflity 
of  framing  a vote  feparate,  determining  how 
far  the  accounts  ought  to  be  approved  and 
allowed,  and  to  let  it  avail  as  far  as  it  could. 

The  merits  of  this  difpute  were  finally 
determined  to  lie  with  the  Council,  the 
Houfe  palling  the  Treafurer’s  accounts  by  a 
vote  without  reference  to  the  report  of  their 
committee,  and  the  Council  concurring. 
This  iffue  however  was  not  obtained  until 
the  delay  was  made  an  exception,  and  threat- 
ened to  affedt  the  pecuniary  concerns  of  the 
Province  in  England. 

Lieutenant-Governor  Hutchinfon  was 
now  left  in  the  command  of  the  Province 
for  a Ihort  time,  during  which  the  import- 
ant meafures  for  raifing  the  army  were  con- 
tinued with  the  ufual  affiduity,  the  pruden- 
tial concerns  of  the  Province  were  carefully 
arranged  and  methodized,  and  a conciliatory 
difpofition  prevailed  amongft  the  feveral 
branches  of  the  government. 

From  inftrudtions  to  Mr.  Bollan,  now 
again  after  much  oppofition,  ele&ed  to  the 

agency 


HUTCHINSON. 


V 


agency  of  the  Province,  it  appears  that  many 
particular  affairs  in  England  ftill  remained 
unfatisfied.  Thefe  arofe  from  the  expenfe 
of  the  troops  detained  at  Louifbourg  and 
Nova-Scotia,  which  was  occafioned  by  the 
capture  of  Quebec  ; the  fupport  of  the 
French  neutrals  ; the  fervices  of  thefailors 
employed  in  the  River  St.  Lawrence  on 
board  the  fleet  ; the  cannon  taken  from 
Caftle-William  to  Crown-Point,  and  the  de- 
mands again!!  New-Hamp!hire  for  the  fup- 
port of  Fort  Dummer  and  Number  Four, 
and  defending  its  frontier.  Befide  which 
the  Agent  was  directed  to  endeavour  to  pro- 
cure a more  favourable  rule  for  apportion- 
ing the  parliamentary  grant,  to  effed  the 
eftablifhment  of  the  boundary  line  of  New- 
York,  and  the  reftoration  of  the  revolted 
towns  received  by  Connedicut. 

In  order  to  account  for  the  folicitude  of 
the  General  Court  on  the  fubjed  of  the  rule 
for  apportioning  the  grants  of  Parliament,  as 
well  as  to  fhew  the  nature  of  the  connexion 
among  the  Britifh  Colonies,  and  the  ground 
perhaps  of  the  opinion  which  prevailed  in 
fubfequent  years,  of  the  impoflibility  of  their 
effedual  union,  it  will  be  ufeful  to  give  the 
reafoning  of  Mr.  Bollan  upon  the  cafe.  He 

contended 


HUTCHINSON. 


contended  that  the  apportioning  of  the! 
£200,000  granted  this  year,  by  the  num- 
bers of  men  railed  in  the  feveral  Colonies 
and  marched  into  the  field  was  unjuft  Upon 
the  following  principles.  Virginia  voted 
2000  men  and  muttered  1868.  Maffachu- 
fetts  voted  7000  men  and  muftered  6500. 
The  expenfe  of  the  Colonies  according  to  the 
beft  of  his  judgment  was  about  £350*000 ; 
wherefore  the  fum  to  be  granted  being  equal 
to  -iths  of  the  expenfe*  if  the  rule  pro- 
pofed  for  diftribution  be  followed,  Virginia 
would  bear  only  4th  parts  of  the  expenfe  of 
1 868  men,  whilft  Maffachufetts  would  bear 
4th  parts  of  the  expenfe  of  7000.  And  thus 
Maffachufetts*  whofe  expenfe  duly  proved  ac- 
cording to  former  rules  amounts  to£i  1 0,000 
fterling,  in  confequence  of  its  raifing  the 
greater  number  of  men  for  the  public  fer- 
vice,  will  be  left  to  bear  the  expenfe  of 
about  £47,000,  whilft  Virginia  would  be 
left  to  bear  the  expenfe  of  about  £13,000* 
fuppofing  their  expenfes  to  be  the  fame  man 
for  man.  If  thefe  Colonies  were  equal  in 
all  other  refpe&s,  this  rule  would  be  repug- 
nant to  the  grant  and  aft  of  Parliament : 
but  Virginia  really  contained  a greater  num- 
ber of  inhabitants  than  Maffachufetts,  and 
was  a more  wealthy  Colony. 


CHAP. 


BERNARD. 


73 


CHAP.  IV. 

Governor  Bernard  arrives — Syftem  of  colo- 
nial adminifi ration  adopted  by  the  Britijh 
minifters — Parties  in  the  Province — Con- 
trove  rfy  refpetting  the  officers  of  the  cuf 
toms — Difputes  on  the  fubjeEl  of  writs  of 
affifance — and  on  making  gold  a tender. 

T HE  government  of  Francis  Bernard  in 
Maffachufetts  Bay  (lands  amongft  the  moft 
interefting  periods  of  American  hiftory. 
It  was  contrafted  with  that  of  his  predecef- 
for,  as  much  by  the  profperous  ftate  of  pub- 
lic affairs  at  its  commencement*  as  by  the 
diftra£ted  and  unhappy  condition  of  the 
people  at  its  termination.  It  was  the  con- 
fine of  a new  order  of  things.  Since  the 
year  1754,  and  indeed  fince  the  laft  peace, 
a common  objed  of  apprehenfion  and  attack 
had  combined  the  Britifh  empire  with  its 
various  dependencies.  The  enemy  was 
now  fubdued  in  Canada,  and  with  them 
that  deadly  foe,  who  had  infefted  the  bor- 
ders of  the  Colonies  from  that  quarter  with 
murder  and  pillage  fince  their  original  fet- 

tlement. 

Vol.  11.  K 


74 


BERNARD. 


dement.  This  was  fuppofed  to  operate  like 
a new  charter  of  civil  and  religious  privi- 
leges to  the  people ; and  to  withdraw  with 
danger  and  the  war  that  reftraint  upon  their 
pretenfions,  wrhich  thefe  had  hitherto  effect- 
ed. Thus  after  the  victory  fo  long,  fo 
hardly  fought,  had  been  obtained,  reflection 
flepped  in  to  poifon  fuccefs,  and  to  diftraCt 
all  the  preconceived  enjoyments  and  advan- 
tages of  conqueft.  What,  it  was  fuggefted, 
is  to  prevent  the  lofs  of  all  which  we  have 
contended  to  preferve,  and  which  we  have 
added  to  our  dominions,  by  the  overruling 
fpirit  of  independence  ? When  the  enemy, 
which  we  have  vanquished,  hung  over  the 
borders  of  our  Colonies,  they  naturally  flew 
to  us  for  protection.  Their  religion,  affec- 
tions, and  interefts  threw  them  into  our 
arms,  and  fecured  them  in  our  power.  But 
the  removal  of  danger  changes  the  tone  of 
their  feelings,  and  muff  undermine  their  re- 
lations towards  us.  The  natural  progrefs  of 
nations  to  political  manhood  is  regulated 
not  merely  by  time,  but  by  various  adven- 
titious circumftances,  and,  in  this  view,  we 
have  haftened  their  maturity  many  centu- 
ries. 


Since 


BERNARD. 


75 


Since  the  event,  which  has  fo  fully  jufti- 
fied  thefe  apprehenfions,  it  feems  as  if  argu- 
ments were  wanting  to  oppofe  them.  Per- 
haps they  were  allayed  at  the  time  by  the 
example  and  policy  of  Spain  towards  South- 
America,  which  was  cited.  The  charm,  it 
was  faid,  by  which  a nation  was  to  govern 
its  Colonies,  confifted  in  not  allowing  them 
to  keep  up  a military  or  a marine  force. 
Britiffi  Governors,  civil  officers,  garrifons, 
and  fhips  of  war,  were  to  be  relied  upon  to 
fecure  a country,  which,  it  was  fuppofed, 
would  not  be  peopled  for  many  centuries. 
This  fecurity  would  alfo  be  ftrengthened  by 
hereditary  rivalries  and  animofities  amongft 
the  feveral  fettlements,  which  Would  effec- 
tually prevent  their  uniting  againft  the  par- 
ent country.  Finally,  when  this  plan  of 
government  fhould  be  exhaufted  in  its  ope- 
ration, the  intereft  of  Great-Britain  confift- 
ed rather  in  the  independence  of  her  Colo- 
nies, than  in  their  union  with  France  by 
conqueft,  which,  in  the  courfe  of  events, 
might  happen,  if  French  fubje&s  continued 
in  their  neighbourhood.  In  the  firft  cafe 
the  natural  trade  of  Britain  with  them  would 
continue  to  mutual  benefit ; in  the  laft,  fo 
great  a force  would  be  added  to  the  power 

of 


76 


BERNARD. 


Auguft  4. 


Auguft  13. 


of  her  rival,  as  might  enable  France  to  real- 
ize the  plan  of  her  infatiable  ambition  found- 
ed on  univerfal  empire. 

Such  being  the  apprehenfions  and  predic- 
tions of  the  parent  country,  we  fhall  find 
the  fyftem  of  colonial  adminiftration  regu- 
lated by  them,  and  the  conduct  of  all  the 
officers  exhibiting  their  influence.  We  are 
not  therefore  to  look  only  at  the  particular 
characters  of  thefe  for  the  explanation  of 
future  affairs.  Events  might  be  accelerated 
or  retarded  by  the  perfonal  wifhes  and  feel- 
ings of  individual  agents  ; but  the  caufe  of 
the  great  convulfion,  which  enfued,  was 
founded  in  the  inflexible  fyftem,  which 
minifters  impofed  on  the  throne. 

Governor  Bernard,  on  his  firft  appearance 
in  the  Province  feemed  not  to  lie  under  any 
unfavourable  impreffion  in  the  view  of  the 
people.  He  had  governed  the  Province  of 
New-Jerfey  fo  acceptably,  as  to  make  his 
advancement  to  Maflachufetts  to  be  efteem- 
ed  a juft  reward  for  his  fervices.  In  his  in- 
troductory addrefs  to  the  General  Court,  he 
fpoke  of  his  obligations  not  only  to  preferve 
the  rights  of  the  people  as  Britifh  fubje&s, 

but 


BERNARD. 


77 


but  their  particular  privileges  granted  to 
them  by  the  royal  charters.  The  fuccefs- 
ful  ftate  of  public  afiairs  gave  him  an  op- 
portunity of  remarking  upon  the  peculiar 
happinefs  of  the  times,  when  all  parties  were 
united,  and  even  the  voice  of  faction  was 
filenced  ; when  the  fovereign  was  acknowl- 
edged to  be  the  maintainer  of  the  privileges 
of  his  fubje&s,  and  the  people  were  become 
the  fupporters  of  the  prerogatives  of  the 
crown.  The  Houfe,  in  their  anfwer,  joined 
in  extolling  the  happinefs  of  the  times,  and 
in  connexion  with  the  wifdom  and  power 
of  the  fovereign,  failed  not  to  applaud  the 
Britifh  conftitution,  fo  long  allowed  to  ex- 
ceed all  others,  and  now  exceeding  itfelf. 

The  times  were  indeed  fignalized  with 
fortunate  events.  On  the  firft  of  Septem- 
ber information  was  received  that  the  French 
army,  who  had  befieged  General  Murray 
in  Quebec,  and  threatened  to  reverfe  the 
vi&ory  of  Wolfe,  was  obliged  to  retire  from 
that  city  ; and  foon  afterwards  arrived  the 
account  of  Montreal  and  the  reft  of  Canada 
furrendering  to  General  Amherft  on  the 
eighth  of  that  month.  The  exultation  at 
thefe  events  was  but  little  checked  by  the 

lofs 


78 


BERNARD. 


1761. 


lofs  of  Fort  Loudoun  ; and  the  death  of  the 
King,  which  threw  a fhade  of  melancholy 
on  the  clofe  of  the  year,  was  foon  effaced  by 
the  promifing  character  of  the  Englifh-born 
fucceffor  to  the  crown. 

Whatever  might  have  been  the  opinions 
or  views  of  Governor  Bernard  upon  coming 
to  the  chair,  affairs  were  approaching  to 
that  crifis,  which  placed  him  on  unequivocal 
ground.  There  had  long  exifted  in  the 
Province  a divifion  between  the  advocates 
for  the  crown  and  the  defenders  of  popular 
rights.  Shirley,  as  has  been  mentioned, 
balanced  thefe  parties  with  good  fortune. 
Pownall,  partly  perhaps  from  his  love  of 
liberty,  and  partly  from  the  neceffity  of 
managing  the  war  with  fuccefs,  which  could 
be  done  only  by  Handing  well  with  the 
General  Court,  was  cautious  in  his  connex- 
ions with  the  friends  of  the  prerogative, 
and  rather  courted  the  leaders  of  his  oppo- 
nents. One  of  thefe  reafons  may  not  have 
exifted  fo  ftrongly  in  the  breaft  of  Gover- 
nor Bernard  ; and  the  other  was  leffening  in 
its  operation  from  the  eventual  fuccefs  of 
the  war.  He  was  therefore  claffed  on  the 
fide  of  thofe  who  were  for  ftrengthening  the 

royal 


BERNARD. 


79 


royal  authority  in  America,  and  for  adopt- 
ing the  various  plans  of  revenue  and  pre- 
rogative which  were  fo  ferioufly  attempted 
in  future  years.  This  party  naturally  con- 
fifted  of  all  thofe  officers,  who  were  appoint- 
ed by  and  dependant  upon  the  King,  and 
many  expectants  who  grew  out  of  the  prom- 
ifing  fyftem  of  raifing  a tax  to  be  ex- 
pended in  America.  Lieutenant-Governor 
Hutch infon  was  at  their  head  both  in  rank 
and  importance  ; and  by  means  of  the  death 
of  Stephen  Sewall,  Efq.  the  Chief  Juftice 
of  the  Province  was  now  raifed  to  that  im- 
portant office,  which  enabled  him  to  com- 
mence with  greater  advantage  that  agency 
in  the  public  affairs  of  thefe  times,  and  the 
future  revolution  of  the  country,  which  was 
fo  confpicuous,  influential,  and  finally  un- 
fortunate.* 

The 

* His  commiffion  as  Lieutenant-Governor  was  pub- 
lifhed  on  the  firft  day  of  June,  1758,  and  was  the  laft  in 
the  Province  that  was  renewed  after  the  demife  of  the 
crown,  owing,  as  he  feems  to  have  fuppofed,  to  the  mif- 
reprefentations  of  his  character  made  by  his  enemies  to 
the  Earl  of  Halifax.  (M.  S.  letter-book.)  Thefe  he  found 
means  effe&ually  to  obviate,  and  to  unite  more  offices 
than  were  ever  filled  by  one  perfon  before  : holding  the 
places  of  Lieutenant-Governor,  a Counfellor,  Chief  Juftice 
of  the  Superiour  Court  and  Judge  of  Probate  for  the  County  * 
•/  Suffolk  at  the  fame  time. 


BERNARD. 

The  fubjeCt  devoted  to  commence  the 
difputes  between  Governor  Bernard  and  the 
General  Court  fprung  out  of  this  divifion. 
A rooted  averfion  fubfifted  between  the  offi- 
cers of  the  cuftoms  in  the  port  of  Bofton, 
and  the  people  concerned  in  the  foreign 
trade  of  the  Province.  The  duty  of  thofe 
officers  was  odious  in  itfelf ; and  a zeal  to 
merit  the  approbation  of  the  miniftry,  and 
to  accumulate  wealth,  induced  them  to  ex- 
ercife  a rigour  in  enforcing  the  commer- 
cial laws,  which  added  much  to  the  hatred 
neceflarily  connected  with  their  bufinefs. 
The  antipathy  became  perfonal  ; and  the 
execution  of  the  laws  appeared  like  the  tri- 
umph of  private  revenge.  Loud  and  fre- 
quent complaints  arofe,  that  a feverity  was 
ufed  to  carry  into  effeCt  grievous  regulations 
of  trade,  which  in  other  Colonies  were  fuf- 
fered  to  be  evaded  from  a conviction  of  their 
unreafonablenefs,  and  the  impracticability 
of  their  being  generally  enforced.  The 
abufes  in  the  department  of  the  revenue, 
and  the  notoriety  of  the  faCt,  that  after  all 
the  oppreffion  ufed  in  the  collecting  of  it, 
none  of  the  avails  reached  the  exchequer, 
naturally  led  the  merchants  to  fcrutinize  the 
proceedings  of  the  commiffioners.  It  ap- 
peared 


BERNARD*  Si 

peared  that  in  cafes,  where  one  third  of  die 
forfeiture  accrued  to  the  Province,  large 
fums  had  been  allowed  out  of  it  to  private 
informers,  and  exorbitant  fees  taxed  for  at- 
tornies  and  other  ufes,  contrary  to  a law  of 
the  Province  of  the  prefent  year,  ftating  the 
fees  of  the  Cuftom-Houfe  officers.  This 
abufe  was  reprefented  to  the  General  Court 
by  a memorial  from  a number  of  refpeftable 
merchants,  who  were  heard  by  their  coun- 
cil, and  a committee  having  reported  that 
in  fix  cafes  of  trial  in  the  Court  of  Vice-Ad1- 
miralty,  the  Province  was  illegally  and  un- 
juftly  kept  out  of  ^475  gs.  11  d.  in  the 
manner  above-mentioned,  and  that  the 
Treafurer  fhould  be  empowered  to  demand, 

(and  if  unpaid  for  one  month)  to  fue  for 
this  money  in  a courfe  of  law,  their  report 
was  accepted  by  a general  vote  of  both 
Houfes. 

This  threw  the  Cuftom-Houfe  officers  up- 
on the  Governor,  whofe  negative  to  the  ref- 
olution  was  the  firft  ftage  of  their  defence* 

He  objefted  to  it  upon  the  ground,  that  the 
forfeitures  were  a part  of  his  Majefty’s  rev- 
enue granted  to  him  by  aft  of  Parliament, 
and  mull  therefore  be  fued  for  according  to 

law* 


Vo L.  II. 


L 


82 


BERNARD. 


law.  By  this  it  was  the  duty  of  the  Treaf- 
urer  to  receive  and  iflue  the  King’s  money ; 
and  of  the  Attorney-General  to  fue  for  and 
recover  it.  That  as  the  refolution,  {landing 
as  it  did,  would  amount  to  altering  an  ad 
of  Parliament,  it  would,  if  pafled,  have  no 
other  effect  than  his  incurring  the  King’s 
difpleafure  for  mifmanaging  the  revenue 
contrary  to  law,  ag’ainft  his  pofitive  orders. 
He  therefore  defired  them  to  reconfider  the 
refolution,  and  if  they  would  remove  this 
difficulty,  he  would  give  his  affent  to  it. 

The  Houfe  appear  to  have  underftood, 
that  delivering  the  profecution  into  the 
hands  of  the  Attorney-General  was  either 
configning  it  to  oblivion,  or  confirming  by 
a judicial  decifion  all  the  abufes  which  had 
been  pradifed.  They  therefore  replied, 
that  they  were  far  from  apprehending  that 
a refolution  of  the  General  Court  could  al- 
ter an  ad:  of  Parliament  : that  every  ad 

of  the  Court  was  voidable,  becaufe  it  might 
be  difallowed  by  his  Majefty ; and  every 
ad  repugnant  to  an  ad  of  Parliament,  ex- 
tending to  the  plantations,  was,  ipfo  fafto^ 
null  and  void  ; nor  was  it  in  their  hearts  to 
defire  the  Governor  to  make  the  lead  infrac- 
tion 


*3 


BERNARD. 

tion  upon  the  King’s  prerogative,  relative  to 
his  Majefty’s  revenue,  nor  to  govern  contra- 
ry to  his  orders,  againft  law  : that  all  they 
were  folicitous  for  was  to  recover  the  money 
(to  ufe  the  Governor’s  own  words)  due  to 
the  treafury  of  this  Province , upon  account 
of  the  feizures  made  purfuant  to  the  a£t  of 
5th  of  George  II.  which  his  Excellency 
apprehended  might  be  fued  for  by  the  At- 
torney-General only  : that  the  money  was 
the  Province’s,  and  not  in  any  fenfe  the 
King’s,  when  the  Parliament  had  granted 
it  to  the  Province,  unlefs  its  being  granted 
to  his  Majefty  for  the  ufe  of  the  Province 
makes  it  a grant  to  his  Majefty’s  ufe.  But 
the  grants  of  money  made  by  the  General 
Aflembly  were  always  to  his  Majefty  for 
the  ufe  of  the  Province,  in  the  fame  manner 
as  the  grant  made  by  the  aforementioned 
a<3:  of  Parliament  of  one  third  of  the  goods 
feized  and  forfeited  was  for  the  fupport  of 
this  government ; and  if  all  the  revenue  of 
the  Province  muft  be  fued  for  by  the  King’s 
Attorney,  and  through  his  hands  (if  ever) 
paid  unto  the  Receiver-General  of  the  Prov- 
ince, it  might  make  his  office  very  lucrative 
to  him,  but  moft  dangerous  to  the  govern- 
ment, and  grievous  to  the  fubjed.  The 

Receiver- 


84 


BERNARD. 


Receiver-General  only  had  heretofore  done 
it,  and  by  virtue  of  an  a£t  of  the  Affembly 
to  which  there  never  was  any  objection 
made  by  the  Governor  or  the  King  : that 
they  fhould  be  extremely  grieved  to  go  out 
of  this  old  way,  and  try  one  which  was  nev- 
er gone  into  before,  and  from  which  it  was 
eafy  to  forefee  that  many  and  great  incon- 
veniencies  and  mifchiefs  would  arife  to  the 
Province.  For  if  the  Attorney- General, 
who  was  not  chofen  by  the  people,  fhould 
be  wicked  enough  to  keep,  or  lavifh  enough 
to  fpend,  the  money  thus  received  for  the 
Province,  what  method  could  be  devifed  to 
get  it  from  him,  fince  upon  the  Governor  $ 
argument,  no  one  could  fue  him  but  himfelf. 
Cafes  might  happen,  where  (differing  in  fen- 
timent  from  other  gentlemen  in  the  profef- 
fion,  and  from  the  General  Affembly)  he 
might  be  obliged  to  bring  an  a&ion  againft 
his  own  opinion,  which  would  be  hard  up- 
on him  and  unfafe  for  the  Province  : that 
none  of  thefe  objections  lay  againft  the 
Treafurer,  who  was  annually  chofen  by  the 
people,  and  was  under  bonds  for  his  fidelity  : 
that  it  would  be  furprifing  that  this  money 
being  the  Province’s,  the  Province  could 
not  maintain  an  aCtion  and  employ  whom 

they 


BERNARD. 


they  thought  beft,  fmee  in  all  popular 
ftatutes,  where  a forfeiture  was  to  the  King 
and  the  informer,  the  latter,  unlefs  pofitively 
reftridted  by  the  act,  might  profecute  in  the 
common  law  courts  and  in  the  Court  of  Ad- 
miralty, as  well  for  himfelf  as  the  King, 
and  the  informer  choofes  what  attorney  he 
pleafes  to  manage  the  fuit  : that,  on  the 
whole,  they  could  not  reconfider  the  refo- 
lution,  and  hoped  that  they  had  removed 
the  Governor’s  difficulties,  fo  as  that  he 
could  affent  to  it. 

The  Governor  however  faid,  that  he  did 
not  feel  his  doubts  fatisfied,  infifting  in  his 
reply,  that  although  the  money  was  to  be 
applied  to  the  ufe  of  the  Province,  yet,  un- 
til it  was  received,  it  was  due  to  the  King : 
that  by  the  common  law  of  England,  the 
King  could  fue  and  be  fued  no  otherwife 
than  by  the  Attorney-General  : that  the 
ftatute  in  queftion  being  an  adt  of  Parlia- 
ment, muft  be  executed  according  to  that 
law,  and  to  appoint  a different  method  of 
executing  it  was  to  alter  the  adt,  which  they 
could  not  control,  as  they  might  an  a dt  of 
the  Province  : that  the  Treafurer  had  no 
power  to  fue,  except  what  arofe  from  the 

words 


86 


BERNARD. 


words  of  the  aft  under  which  he  fued  ; and 
no  fuch  power  was  given  by  this  aft : that 
it  was  not  his  intention  that  the  Attorney- 
General  fhould  receive  the  public  money, 
but  that  he  fhould  fue  for  ity  as  in  England, 
and  that  the  Treafurer  fhould  receive  the 
amount  of  the  judgment.  As  to  bringing 
an  aftion  againft  his  own  opinion,  in  fuch 
cafe  the  Attorney-General  mull  fupport  it 
by  the  belt  arguments  he  could  : that  it  was 
his  defire  that  the  aftion  fhould  be  brought, 
as  they  ought  to  be  fatisfied  refpefting  it, 
their  only  difference  was  about  the  mode. 
Therefore  to  end  the  difquifition,  as  they 
feemed  fo  very  defirous  that  their  method 
fhould  be  purfued,  and  his  confent  could 
not  prejudice  the  King’s  rights  otherwife 
than  by  precedent,  againft  which  he  had 
fufficiently  guarded  by  his  meffages  ; and 
the  aft  by  their  own  conceffion  muft  have 
its  effeft,  and  the  Council  having  advifed  ' 
him  to  wave  his  opinion,  he  confented  to 
the  refolution,  hoping  that  they  would  not 
require  of  him  fuch  another  proof  of  his 
great  defire  of  preferving  a good  underftand- 
ing  with  them. 

The  acquiefcence  of  the  Governor  in  this 
refolution  was  probably  induced  from  the 

fecurity, 


BERNARD. 


*7 


fecurity,  which  the  Cuftom-Houfe  officers 
felt  in  the  opinion  of  the  judicial  depart- 
ment on  fuch  a point  of  law,  as  they  in- 
tended to  raife  in  this  cafe.  An  adtion  was 
brought  by  the  Treafurer  in  purfuance  of 
the  refolution  of  the  General  Court,  and  a 
plea  in  abatement  made  by  Mr.  Paxton,  the 
defendant.  This  was  overruled  in  the  In- 
feriour  Court,  and  a judgment  given  in  a 
verdidt  againft  him  ; but  on  the  appeal,  the 
Superiour  Court  fuftained  his  plea  and  he 
recovered  judgment  againft  the  Treafurer, 
not  Vvithout  a convidtton  in  the  minds  of  the 
Judges  of  the  injury  done  the  Province,  but 
from  the  want  of  authority  to  call  in  ques- 
tion the  jurifdidtion  of  the  Admiralty.  The 
refult  of  this  cafe  muft  have  tended  greatly 
to  increafe  the  animofity  which  exifted  be- 
tween the  contending  parties  in  the  Prov- 
ince. And  about  the  fame  time  and  from 
the  fame  principles  and  feelings,  arofe  anoth- 
er important  difpute  upon  the  fubjedf  of 
writs  of  afliftance.  One  of  the  Cuftom- 
Houfe  officers  petitioned  the  Superiour 
Court  of  Judicature,  ftating  that  as  they 
could  not  fully  exercife  their  offices  in  fuch 
a manner  as  his  Majefty’s  fervice,  and  the 
laws  in  fuch  cafe  require,  that  Court  would 

grant 


Supr.  Court 
Records. 
Paxton  vs. 
Grey. 
Hutchin- 
fon’s  M.  S. 
Let.  Bock, 


88 


BERNARD. 


grant  writs  of  afliftance,  to  aid  them  in  the 
execution  of  their  duty,  according  to  the 
ufage  of  the  Court  of  Exchequer  in  Great- 
Britain.  Mr.  Gridley,  as  King’s  Attorney i 
maintained  the  legality  of  this  writ,  as  well 
on  the  practice  of  the  Exchequer,  as  on  that 
of  the  Superiour  Court  of  the  Province. 
The  practice  in  England  was  fupported  by 
ftatutes  of  1 2th  and  14th  Charles  II.  and 
by  6th  Anne,  which  continues  all  procefles 
and  writs  after  the  demife  of  the  crown, 
and  writs  of  afliftance  amongft  the  reft. 
The  authority  of  the  Superiour  Court  to 
grant  this  writ  was  founded  on  the  ftatute 
of  yth  and  8th  of  William  III.  which  en- 
acted that  all  the  officers  for  collecting  and 
managing  his  Majefty’s  revenue,  and  in- 
fpeCting  the  plantation  trade  in  any  of  the 
plantations,  fhould  have  the  fame  powers, 
&c.  as  are  provided  for  the  officers  of  the 
revenue  in  England  ; alfo  to  enter  houfes  or 
warehoufes  to  fearch  for  and  feize  any  fuch 
goods,  and  that  the  like  ajjijlcnice  fhould  be 
given  to  the  faid  officers,  as  is  the  cuftom 
in  England.  This  could  be  no  otherwife 
done  than  by  writ  under  the  feal  of  that 
Court,  fince  writs  from  the  Court  of  Ex- 
chequer could  not  run  here  : and  by  a law 

of 


BERNARD. 


89 


of  the  Province,  this  Court  was  appointed 
with  cognizance  of  all  pleas,  &c.  as  fully 
as  the  Court  of  King’s  Bench,  Common 
Pleas,  and  Exchequer  in  England.  “ It  is 
true,”  faid  Mr.  Gridley,  “ the  common  priv- 
ileges of  Englifhmen  are  taken  away  in  this 
cafe,  but  even  their  privileges  are  not  fuch  in 
cafes  of  crime  and  fine.  It  is  the  neceffity  of 
the  cafe,  and  the  benefit  of  the  revenue  that 
juftifies  this  writ.  Is  not  the  revenue  the 
foie  fupport  of  fleets  and  armies  abroad,  and 
minifters  at  home,  without  which  the  nation 
could  neither  be  preferved  from  the  inva- 
fions  of  her  foes,  nor  the  tumults  of  her 
own  fubjeCts  ? Is  not  this,  I fay,  infinitely 
more  important  than  the  imprifonment  of 
thieves  or  even  murderers  ? Yet  in  thefe 
cafes,  it  is  agreed,  that  houfes  may  be  broke 
open.  In  fine,  the  power  now  under  con- 
fideration  is  the  fame  vrith  that  given  by 
the  law  of  this  Province  to  treafurers  to- 
wards collectors,  and  to  them  towards  the 
fubjeCt.  A collector  may,  when  he  pleafes, 
diftrain  my  goods  and  chattels,  and  in  want 
of  them,  arreft  my  perfon,  and  throw  me 
inftantly  into  gaol.  What ! fhall  my  prop- 
erty 

Vol.  11.  M 


ad.  William 
111.  Chap,  iii. 


go 


BERNARD. 


erty  be  wrefted  from  me  ? Shall  my  liberty 
be  deftroyed  by  a collector  for  a debt  unad- 
judged, without  the  common  indulgence  and 
lenity  of  the  law  ? So  it  is  eftabliffied  ; and 
the  neceffity  of  having  public  taxes  effectu- 
ally and  fpeedily  collected  is  of  infinitely 
greater  moment  to  the  whole,  than  the  lib- 
erty of  any  individual.” 

Mr.  Thacher,  an  eminent  lawyer,  being 
ordered  by  the  Court  to  fearch  for  precedents, 
reported  that  he  found  no  fuch  writ  in  the 
ancient  books  : that  the  moft  material  quef- 
tion  was,  whether  the  practice  of  the  Ex- 
chequer was  good  ground  for  this  Court. 
But  this  Court  had,  upon  a folemn  argu- 
ment which  lafted  a whole  day,  renounced 
the  chance  of  jurifdi&ion,  which  the  Ex- 
chequer had  in  cafes  where  either  party  was 
the  King’s  debtor.  In  England  all  informa- 
tions of  uncuftomed  or  prohibited  goods 
were  in  the  Exchequer ; fo  that  the  Cuftom- 
Houfe  officers,  were  the  officers  of  that  court, 
under  the  eye  and  difcretion  of  the  Barons, 
and  fo  accountable  for  any  wanton  exercife 
of  power.  The  writ  now  prayed  for  was 
not  returnable.  If  the  feizures  were  fo  be- 
fore their  Honours,  and  this  Court  fhould 

inquire 


BERNARD. 


inquire  into  them,  they  would  often  find  a 
wanton  exercife  of  power.  In  England  they 
feized  at  their  peril,  even  with  probable  caufe. 

Mr.  Otis  appeared  for  the  inhabitants  of 
Bofton,  who  had  prefented  a counter-peti- 
tion. As  his  plea  difclofes  feveral  curious 
fa£ts,  prefents  a ftriking  picture  of  the  fpirit 
of  the  times,  and  in  fome  meafure  portrays 
the  manner  of  that  ardent  patriot  and  well- 
read  lawyer,  we  fhall  infert  more  at  large 
fuch  minutes  as  we  poffefs  ; lamenting  that 
we  cannot  recover  at  this  day  many  elegant 
rhetorical  touches  and  weighty  arguments, 
which  were  unavoidably  omitted. 

May  it  pleafc  your  Honours , 

I was  defired  by  one  of  the  Court  to  look 
into  the  books,  and  confider  the  queflion 
now  before  them  concerning  writs  of  affift- 
ance.  I have  accordingly  confidered  it,  and 
now  appear  not  only  in  obedience  to  your 
order,  but  likewife  in  behalf  of  the  inhabi- 
tants of  this  town,  who  have  prefented  anoth- 
er petition,  and  out  of  regard  to  the  liberties 
of  the  fubjeft.  And  I take  this  opportunity 
to  declare,  that  whether  under  a fee  or  not 
(for  in  fuch  a caufe  as  this  I defpife  a fee) 

I will 


BERNARD. 


I will  to  my  dying  day  oppofe  with  all  the 
powers  and  faculties  God  has  given  me,  all 
fuch  inftruments  of  flavery  on  the  one  hand* 
and  villany  on  the  other,  as  this  writ  of  af- 
fiftance  is. 

It  appears  to  me  the  word  inftrument  of 
arbitrary  power,  the  mod  dedru&ive  of  En- 
glish liberty  and  the  fundamental  principles 
of  law,  that  ever  was  found  in  an  Englifh 
law-book.  I mud  therefore  beg  your  Hon- 
ours’ patience  and  attention  to  the  whole 
range  of  an  argument,  that  may  perhaps  ap- 
pear uncommon  in  many  things,  as  well  as 
to  points  of  learning  that  are  more  remote 
and  unufual ; that  the  whole  tendency  of 
my  defign  may  the  more  eafily  be  perceived, 
the  conclufions  better  defcend,  and  the  force 
of  them  be  better  felt.  I fhall  not  think 
much  of  my  pains  in  this  caufe,  as  I engaged 
in  it  from  principle.  I was  folicited  to  argue 
this  caufe  as  Advocate-General ; and  becaufe 
I would  not,  I have  been  charged  with  de- 
fertion  from  my  office.  To  this  charge  I 
can  give  a very  fufficient  anfwer.  I re»- 
nounced  that  office,  and  I argue  this  caufe 
from  the  fame  principle  ; and  I argue  it  with 
the  greater  pleafure,  as  it  is  in  favour  of  Brit- 

ifh 


BERNARD. 


93 


i£h  liberty,  at  a time  when  we  hear  the 
greateft  monarch  upon  earth  declaring  from 
his  throne  that  he  glories  in  the  name  of 
Briton,  and  that  the  privileges  of  his  people 
are  dearer  to  him  than  the  mod  valuable  pre- 
rogatives of  his  crown  : and  as  it  is  in  op- 
pofition  to  a kind  of  power,  the  exercife  of 
which,  in  former  periods  of  Englifh  hiftory, 
cofl  one  King  of  England  his  head,  and 
another  his  throne.  I have  taken  more  pains 
in  this  caufe,  than  I ever  will  take  again, 
although  my  engaging  in  this  and  another 
popular  caufe  has  railed  much  refentment. 
But  I think  I can  fincerely  declare,  that  I 
cheerfully  fubmit  myfelf  to  every  odious 
name  for  confcience’  fake  ; and  from  my  foul 
I defpife  all  thofe,  whofe  guilt,  malice,  or 
folly  has  made  them  my  foes.  Let  the  con- 
fequences  be  what  they  will,  I am  determined 
to  proceed.  The  only  principles  of  public 
conduct,  that  are  worthy  of  a gentleman  or 
a man,  are  to  facrifice  eftate,  eafe,  health,  and 
applaufe,  and  even  life,  to  the  facred  calls  of 
his  country.  Thefe  manly  fentiments,  in 
private  life,  make  the  good  citizen  ; in  pub- 
lic life,  the  patriot  and  the  hero.  I do  not 
fay,  that  when  brought  to  the  teft,  I lhall  be 
invincible.  I pray  God  I may  never  be 

brought 


94 


BERNARD. 


brought  to  the  melancholy  trial  : but  If  ever 
I fhould,  it  will  be  then  known  how  far  I 
can  reduce  to  pradice  principles,  which  I 
know  to  be  founded  in  truth.  In  the  mean 
time  I will  proceed  to  the  fubjed  of  this 
writ. 

In  the  firft  place,  may  it  pleafe  your  Hon- 
ours, I will  admit  that  writs  of  one  kind  may 
be  legal ; that  is,  fpecial  writs,  direded  to 
fpecial  officers,  and  to  fearch  certain  houfes, 
&c.  fpecially  fet  forth  in  the  writ,  may  be 
granted  by  the  Court  of  Exchequer  at  home, 
upon  oath  made  before  the  Lord  Treafurer 
by  the  perfon  who  afks  it,  that  he  fufpeds 
fuch  goods  to  be  concealed  in  thofe  very 
places  he  defires  to  fearch.  The  ad  of 
14th  Charles  II.  which  Mr.  Gridley  men- 
tions, proves  this.  And  in  this  light  the 
writ  appears  like  a warrant  from  a Juftice  of 
the  Peace  to  fearch  for  ftolen  goods.  Your 
Honours  will  find  in  the  old  books  concern- 
ing the  office  of  a Juftice  of  the  Peace,  pre- 
cedents of  general  warrants  to  fearch  fuf- 
peded  houfes.  But  in  more  modem  books 
you  will  find  only  fpecial  warrants  to  fearch 
fuch  and  fuch  houfes  fpecially  named,  in 
which  the  complainant  has  before  fworn  that 

he 


BERNARD.  95 

he  fufpe&s  his  goods  are  concealed  ; and 
you  will  find  it  adjudged  that  fpecial  war- 
rants only  are  legal.  In  the  fame  manner  I 
rely  on  it,  that  the  writ  prayed  for  in  this 
petition,  being  general,  is  illegal.  It  is  a 
power,  that  places  the  liberty  of  every  man 
in  the  hands  of  every  petty  officer.  I fay  I 
admit  that  fpecial  writs  of  affiftance,  to  fearch 
fpecial  places,  may  be  granted  to  certain 
perfons  on  oath  ; but  I deny  that  the  writ 
now  prayed  for  can  be  granted,  for  I beg 
leave  to  make  fome  obfervations  on  the  writ 
itfelf,  before  I proceed  to  other  a£ts  of  Par- 
liament. In  the  firft  place,  the  writ  is  uni- 
verfal,  being  directed  “ to  all  and  lingular 
Juftices,  Sheriffs,  Conftables,  and  all  other 
officers  and  fubjefts  fo  that,  in  Ihort,  it  is 
directed  to  every  fubjed:  in  the  the  King’s 
dominions.  Every  one  with  this  writ  may 
be  a tyrant  : if  this  commiffion  be  legal,  a 
tyrant  in  a legal  manner  alfo  may  control, 
imprifon,  or  murder  any  one  within  the 
realm.  In  the  next  place,  it  is  perpetual : 
there  is  no  return.  A man  is  accountable 
to  no  perfon  for  his  doings.  Every  man 
may  reign  fecure  in  his  petty  tyranny,  and 
fpread  terror  and  defolation  around  him,  un- 
til the  trump  of  the  arch-angel  fhall  excite 

different 


$6 


BERNARD. 


different  emotions  in  his  foul.  In  the  third 
place,  a perfon  with  this  writ,  in  the  day- 
time, may  enter  all  houfes,  fh ops,  &c.  at  will, 
and  command  all  to  affift  him.  Fourthly, 
by  this  writ  not  only  deputies,  &c.  but  even 
their  menial  fervants  are  allowed  to  lord  it 
over  us.  What  is  this  but  to  have  the  curfe 
of  Canaan  with  a witnefs  on  us  ; to  be  the 
fervant  of  fervants,  the  moft  defpicable  of 
God’s  creation  ? Now  one  of  the  moft  effen- 
tial  branches  of  Englifh  liberty  is  the  free- 
dom of  one’s  houfe.  A man’s  houfe  is  his 
caftie  ; and  whilft  he  is  quiet,  he  is  as  well 
guarded  as  a prince  in  his  caftie.  This  writ, 
if  it  fhould  be  declared  legal,  would  totally 
annihilate  this  privilege.  Cuftom-Houfe 
officers  may  enter  our  houfes,  when  they 
pleafe  ; we  are  commanded  to  permit  their 
entry.  Their  menial  fervants  may  enter, 
may  break  locks,  bars,  and  every  thing  in 
their  way  : and  whether  they  break  through 
malice  or  revenge,  no  man,  no  court,  can 
inquire.  Bare  fufpicion  without  oath  is  fuf- 
ficient.  This  wanton  exercife  of  this  power 
is  not  a chimerical  fuggeftion  of  a heated 
brain.  I will  mention  fome  fads.  Mr.  Pew 
had  one  of  thefe  writs,  and  when  Mr.  Ware 
fucceeded  him,  he  endorfed  this  writ  over  to 

Mr* 


BERNARD* 


97 


Mr.  Ware  : fo  that  thefe  writs  are  negctia^ 
ble  from  one  officer  to  another  ; and  fo  your 
Honours  have  no  opportunity  of  judging 
the  perfons  to  whom  this  vaft  power  is  del- 
egated. Another  inftance  is  this  : Mr.  Jus- 
tice Wally  had  called  this  fame  Mr.  Ware 
before  him  by  a conftable  to  anfwer  for  a 
breach  of  fabbath-day  a£ts,  or  that  of  pro- 
fane fwearing.  As  foon  as  he  had  finilhed, 
Mr.  Ware  afked  him  if  he  had  done.  He 
replied,  Yes.  Well  then,  faid  Mr.  Ware, 
I will  fhew  you  a little  of  my  power.  I 
command  you  to  permit  me  to  fearch  your 
houfe  for  uncuftomed  goods  ; and  went 
on  to  fearch  his  houfe  from  the  garret  to 
the  cellar  *,  and  then  ferved  the  conftable 
in  the  fame  manner.  But  to  fhew  another 
abfurdity  in  this  Writ,  if  it  fhould  be  eftab- 
liffied,  I infill  upon  it  every  perfon  by  the 
14th  Charles  II.  has  this  power  as  well  as 
Cuftom-Houfe  officers.  The  words  are* 
<c  it  lhall  be  lawful  for  any  perfon  or  perfons 
authorized,”  &c.  What  a fcene  does  this 
open  ! Every  man  prompted  by  revenge, 
ill  humour,  or  wantonnefs  to  infpedt  the 
infide  of  his  neighbour’s  houfe,  may  get  a 
writ  of  affiftance.  Others  will  alk  it  from 

felf-defence ; 

Vol.  11*  N 


BERNARD. 


felf-defence  ; one  arbitrary  exertion  will 
provoke  another,  until  fociety  be  involved 
in  tumult  and  in  blood. 

Again,  thefe  writs  are  not  returned. 
Writs  in  their  nature  are  temporary  things. 
‘When  the  purpofes  for  which  they  are  iflu- 
ed  are  anfwered,  they  exift  no  more,  but 
thefe  live  forever  : no  one  can  be  called  to 
account.  Thus  reafon  and  the  conftitution 
are  both  againft  this  writ.  Let  us  fee  what' 
authority  there  is  for  it.  Not  more  than 
one  inftanee  can  be  found  of  it  in  all  our 
law-books  ; and  that  was  in  the  zenith  of  ar- 
bitrary power,  viz.  in  the  reign  of  Charles  II. 
when  ftar-chamber  powers  were  ptrfbed  to 
extremity  by  fome  ignorant  clerk  of  the  Ex-- 
chequer.  But  had  this  writ  been  in  any 
book  whatever,  it  would  have  been  illegal. 
All  precedents  are  under  the  control  of  the 
principles  of  law.  Lord  Talbot  fays  it  is 
better  to  obferve  thefe  than  any  precedents* 
though  in  the  houfe  of  lords,  the  laft  refort 
of  the  fubjecft.  No  a<fts  of  Parliament  can 
eftablifh  fuch  a writ : though  it  fhould  be 
made  in  the  very  words  of  the  petition,  it 
would  be  void.  An  act  againft  the  con- 
ftitution is  void.  (vid.  Viner.)  But  thefe 

prove 


BERNARD. 


99 


prove  no  more  than  what  I before  obferved, 
that  fpecial  writs  may  be  granted  on  oath 
mid  probable  fupicion . The  ad:  of  7th  and 
8th  of  William  III.  that  the  officers  of  the 
plantations  fhall  have  the  fame  powers,  &c. 
is  confined  to  this  fenfe,  that  an  officer  fhould 
fhew  probable  ground,  fhould  take  his  oath 
of  it,  fhould  do  this  before  a magiftrate,  and 
that  fuch  magiftrate,  if  he  think  proper, 
fhould  iffue  a fpecial  warrant  to  a conftable 
to  fearch  the  places.  That  of  6th  Anne 
can  prove  no  more.” 

Notwithflanding  thefe  and  many  more 
arguments  were  enforced  with  a zeal  peculiar 
to  the  fpirit  of  the  occafion  and  the  man- 
ner of  the  pleaders,  the  writ  of  affiftance  was 
granted. 

Thefe  difputes  difturbed  the  public  mind 
fo  much,  that  the  Governor  in  his  fpeech  to 
the  General  Court  in  the  month  of  June 
cautioned  them  againft  giving  attention  to 
declamations,  tending  to  promote  a fufpicion 
of  the  civil  rights  of  the  people  being  in 
danger,  which  fuited  well  in  the  reigns  of 
Charles  and  James,  but  in  the  time  of  the 
Georges  were  groundlefs  and  unjuft.  In  the 

reply 


M.  S.  min- 
utes taken 
at  the  bar. 


Supr.  Court 
Records. 


IOQ 


BERNARD. 

reply  of  both  Houfes  it  was  obferved,  that 
they  regretted  his  Excellency’s  apprehenhons 
that  a fpirit  of  party  was  prevalent  among 
them,  if  fo,  they  were  utterly  ignorant  of  it ; 
and  they  could  affure  him  that  there  was 
nothing  of  fuch  a fpirit  in  the  legiflative  part 
of  the  community  : and  fhould  it  appear, 
that  they  fhould  difcourage  it  to  the  utmoft 
of  their  power.  That  his  Excellency’s  rec- 
ommendation, to  give  no  attention  to  de- 
clamations tending  to  promote  a fufpicion  of 
the  civil  rights  of  the  people  being  in  danger, 
fhould  have  its  weight.  That  it  was  their 
intention  to  fee  for  themfelves  ; and  it  gave 
them  pleafure  to  fee  that  the  civil  rights  of 
the  people  were  not  in  danger ; nor  were 
they  in  the  leaft  degree  fufpicious  that  they 
ever  would  be  under  his  Excellency’s  admin,-* 
iflration, 

Notwithflanding  the  agitations  which  had 
taken  place  amongft  parties  in  the  capital, 
the  alarm  had  not  as  yet  extended  to  the 
country  at  large,  nor  drawn  into  view  thofe 
eflential  points  of  controverfy,  on  which  the 
revolution  of  the  Colonies  depended.  Sev- 
eral internal  circumftances  were  favourable. 
The  reimburfement  money  for  the  year  1759, 

amounting 


BERNARD. 


!0I 


amounting  to  .£60,634  fterling,  had  chiefly 
arrived.  The  requifition  for  men  was  re- 
duced to  3000  ; and  in  the  fall  of  the  year 
Sir  Jeffry  Amherft  difcharged  thefe,  except- 
ing 268  at  Halifax  and  323  at  Crown  Point, 
who  were  draughted  for  fervice  during  the 
winter.  Upon  the  whole,  the  Province 
feems  as  yet  to  have  been  in  that  ftate  of  reft 
and  fatisfa&ion,  which  a deliverance  from 
an  hoftile  neighbour,  and  a reliance  on  the 
faith  of  Parliament  for  relieving  it  from  the 
debt  incurred  by  the  war,  naturally  infpired. 
And  it  muft  aftonifh  the  political  obferver, 
that  at  fuch  a moment,  when  the  genius  of 
the  Britifh  nation  may  be  faid  to  have  ap- 
peared and  pointed  to  the  moft  fatal  convul- 
fion  in  her  hiftory,  no  notice  was  taken  of 
the  warning.  Her  minifters,  either  diftra<9> 
ed  with  the  weight  of  the  public  debt,  over- 
looked every  thing  but  the  immediate  means 
of  colle&ing  a revenue ; or,  ignorant  of  the 
growth,  enterprife,  and  advantages  of  the 
Colonifts,  carelefsly  fuffered  a difagreement 
amongft  thefe  diftant  fubjeds,  which  was 
worthy  of  the  interpofition  of  the  higheft 
authority,  to  be  aggravated  by  the  rancour 
and  prejudice  of  private  neighbourhood,  and 
finally  to  be  kindled  into  a flame  by  the  con- 
temptible 


BERNARD. 


102 

temptible  fpirit  of  party,  which  the  interefts 
of  individuals  and  the  domineering  pride  of 
inferiour  officers  engendered. 

In  the  fall  of  the  year  a General  Aflembly 
was  called  In  confequence  of  difeovering 
that  the  Treafurer’s  notes  and  dollars  were 
counterfeited,  for  the  pimlfhment  of  which 
offence  the  Governor  confidered  the  com* 
men  law  as  very  Inadequate,  and  that  there 
was  a great  defedfc  alfo  in  its  not  providing 
a punifhment  for  the  counterfeiting  of  bills 
of  exchange  and  notes  of  hand.  He  there* 
fore  recommended  the  calling  in  of  the 
Treafurer’s  notes,  and  iffuing  others  with 
proper  checks ; and  that  the  a£ts  of  Parlia- 
ment againft  the  forging  of  public  and  pri- 
vate fecurities  fhould  be  extended  to  the 
Province. 

The  ftate  of  the  coin  in  Maflachufetts  was 
peculiarly  circumffanced  at  this  time.  The 
comparative  value  of  gold  and  filver  in  En- 
gland was  fuch,  that  filver  could  be  Gripped 
thither  from  this  Province  with  much  great- 
er profit  than  gold.  Exchange  with  that 
country  for  many  years  paft  had  been  in  fa- 
vour of  this,  but  now  it  was  reverfed.  The 

merchants, 


BERNARD.  *03 

merchants,  having  become  much  indebted  in 
England,  were  obliged  to  feek  for  large  re- 
mittances in  the  moft  advantageous  way, 
and  the  caufes  which  have  been  mentioned, 
led  them  to  export  the  filver  coin.  The 
confequences  of  fuch  an  exportation  became 
very  ferious,  from  the  fcarcity  of  current 
money  w*hich  it  occafioned ; and,  as  gold 
was  not  by  law  a tender,  it  became  particu- 
larly interefiing  to  debtors  ; for  if  filver 
could  not  be  procured,  gold  mud  be  receiv- 
ed in  payment  of  demands,  at  fuch  rates  as 
creditors  would  affent  to.  Thefe  two  claff- 
es  of  men  therefore  became  immediate  par- 
ties to  the  controverfy  which  took  place ; 
they  drew  after  them  political  difputants  5 
and  when  the  General  Court  afTembled,  the 
members  feemed  to  reprefent  their  conftitu- 
ents  in  nothing  more  exaftly  than  in  their 
divifions.  The  calling  in  of  the  Treafurer’s 
notes,  and  iffuing  others  as  a mere  defenfive 
jneafure  againfl  counterfeiting,  was  a very 
fimple  and  necefiary  precaution.  This 
however  was  connected  with  the  queftion 
in  what  coin  they  fhould  be  made  payable  j 
and  this,  of  courfe,  brought  on  the  fubjedi 
of  making  gold  a tender.  All  was  contro- 
verfy and  indecifion.  The  two  Houfes, 

differing 


i°4 


BERNARD* 


differing  in  principle  on  the  main  point, 
propofed  bills  to  each  other  for  all  the  pur* 
pofes  mentioned  in  the  Governor’s  meffage  ; 
mutually  non-concurred  in  them  ; exchang- 
ed amendments,  and  as  often  rejected  thofe 
amendments  ; until  the  Governor  interfered 
by  confenting,  that  at  prefent,  his  recom- 
mendation fhould  be  confined  to  the  fingle 
bufinefs  of  calling  in  and  re*-emitting  the 
Treafurer’s  notes,  and  fuffering  the  reft  to 
ftand  over*  But  all  was  ineffedual.  The 
Houfe  of  Reprefentatives  infilling  on  mak- 
ing  gold  a tender  and  the  Council  oppofing 
it,  the  court  could  agree  in  nothing  except- 
ing to  difpute  ; and  after  fixteen  days  fpent 
in  fruitlefs  debates,  the  Governor  was  oblig- 
ed to  prorogue  them  with  exhortations, 
that,  as  the  prorogation  wrould  put  a legal 
end  to  all  the  bufinefs  then  pending,  it  might 
have  the  fame  effed  upon  their  minds  and 
memories,  and  free  them  from  all  bias  and 
prejudice  arifing  from  any  tranfadions, 
which  had  defeated  the  intention  of  the 
feflion.  The  parties  now  appealed  to  the 
tribunal  of  public  reafon.  And  Lieutenant- 
Governor  Hutchinfon  appearing  in  the 
newfpapers  in  favour  of  reducing  the  value 
of  the  gold  coin,  as  an  expedient  to  leffen 

the 


Bernard.  tof 

the  motive  for  retaining  it  in  the  Province^ 
and  by  that  means  to  diminifli  the  exporta- 
tion of  filver,  Mr.  Otis  became  a champion 
in  the  fame  manner  for  the  party,  who  either 
confidered  gold  as  a legal  tender,  or  were 
for  making  it  fadi  at  the  ufual  rate* 

The  manner  in  which  the  fubje£t  Was 
handled  by  thefe  writers  was  highly  con- 
trafted.  Mr.  Hutchinfon  was  temperate 
and  perfpicuous.  Mr.  Otis  with  depth  of 
teafoning  fought  to  captivate  the  public 
mind,  and  to  excite  all  its  prejudices  againft 
the  perfoiial  character  of  his  adverfary. 

This  occafioned  a medley  of  argument  and 
farcafm,  fo  pointed  and  warm,  that  Mr. 
Hutchinfon  thought  the  writer  would  lofe 
his  friends  with  his  temper,  and  had  *jufti- 
fied  negledt.  Of  this  he  availed  himfelf 
and  omitted  to  make  a diredt  reply ; but  ill 
Order  to  give  more  force  to  this  manage- 
ment, he  proceeded  to  write  on  the  fubje£t 
without  noticing  his  opponent : and  to  this 
circumftance  we  owe  a curious  hiftory  of 
the  currency.  An  anonymous  publication  peoeft^e  E* 
alfo  appeared  in  this  difpute,  which  was  at- 
tributed to  Mr.  Bowdoin*  then  a member  of 

the 

Vol.  it. 


O 


1 06 


BERNARD. 


the  Council,  who  was  in  fentiment  with 
Mr.  Hutchinfon  upon  this  fubje£t,  and  who 
met  with  fimilar  treatment.  The  popular 
voice  inclined  to  Mr.  Otis.  The  difpute 
was  foon  enlarged,  attra&ing  other  objects 

♦ 

within  its  fphere,  until  the  plan  of  the  pre- 
vailing party  became  definite  and  directed 
to  important  points ; fuch  as  the  expelling 
the  Judges  of  the  Superiour  Court  from  the 
Council  ; the  change  of  the  agent  in  En- 
gland ; ameliorating  the  bufinefs  of  writs  of 
affiftance  ; as  well  as  preferving  the  prefent 
rates  of  gold,  and  making  it  a tender  : fo 
that  the  winter  feffion  of  the  General  Court 
promifed  in  appearance  greater  conflicts 
than  had  happened  in  the  laft. 


BERNARD. 


107 


CHAP.  -V. 

Bill  for  making  gold  a tender  paffed — Salaries 
of  the  Judges  of  the  Superiour  Court  re- 
duced— Mr,  Bollan  difmijfed , and  Jafper 
Mauduit , Efq,  appointed  Agent — Attempt 
to  exclude  the  Judges  of  the  Superior  Court 
from  a feat  in  the  Legif  attire — Arguments 
on  the  fubjeft — Military  events — Debate 
between  the  Governor  and  Houfe  re- 
fpeEling  the  employment  of  the  armed  pro- 
vincialfoop . 

The  General  Aflembly  was  called  to  the  176a. 
held  of  controverfy  early  in  the  year  of 
1762  ; and  after  a flight  ftruggle  between 
the  Council  and  Houfe,  victory  upon  the 
whole  declared  herfelf  in  favour  of  the  Rep- 
refentatives.  It  is  to  be  underftood  that  the 
Governor  had  not  entered  zealoufly  into  the 
difpute  about  the  currency,  which  was  left 
very  much  to  the  management  of  Mr. 
Hutchinfon  ; fo  that  the  approach  of  the 
Governor  and  the  General  Court  to  each 
other  was  the  lefs  difficult.  The  Houfe 
paffed  a bill  for  ifluing  new  notes,  in  lieu 
of  thofe  extant,  from  the  Treafury,  in  pay- 
ment 


BERNARD. 


ment  for  which  gold  coin  at  the  ufuat  cur- 
rent rate  was  made  receivable  ; and  another 
bill  exprefsly  declaring  the  fame  coin  to  be  a 
tender  in  all  cafes,  to  both  of  which  the  Coun- 
cil made  little  oppofition,  and  the  Governor 
gave  his  confent.  The  good  difpofition 
difcovered  at  this  feffion  was  mutual ; for 
in  confideration  of  the  extraordinary  fer- 
vices  of  his  Excellency,  the  General  Court 
granted  him  the  iftand  of  Mount-Defert. 
The  Houfe  however  accompanied  their  ref- 
elution  with  a meffage,  entreating  that  he 
would  ufe  his  beft  endeavours  for  obtaining 
the  King’s  gracious  confirmation  of  a title 
to  lands  (of  which  Mount-Defert  was  a part) 
between  Nova-Scotia  and  the  River  Sagada- 
hock.  The  majority  having  thus  obtained 
an  afcendency  in  the  points  before  mention- 
ed, they  attempted  to  retrieve  the  ground, 
which  they  had  loft  by  the  decifion  of  the 
Superiour  Court  on  the  fubjed  of  writs  of 
aftiftance.  They  prepared  a bill,  entitled. 
An  ad  for  the  better  enabling  officers  of  his 
Majefty’s  cuftoms  to  carry  the  ads  of  trade 
into  execution  ; the  fubftance  of  which  was 
to  prevent  the  iffuing  of  thofe  writs  to  any 
perfon  but  a Cuftom-Houfe  officer ; and 
that  upon  fpecial  information  on  oath,  na- 
ming 


BERNARD. 

ming  the  informer,  the  perfon  fuppofed  to 
own  the  goods,  and  the  place  where  they 
were  fufpe&ed  to  be  concealed.  But  here 
the  Governor’s  complaifance  was  checked. 
He  refufed  his  affent  to  this  bill  as  repug- 
nant to  the  laws  of  England,  particularly 
the  8th  of  William  III.  Chap.  xxii.  It  Were 
to  be  wifhed  that  truth  did  not  require 
it  to  be  added,  that  the  falaries  of  the 
Judges  of  the  Superiour  Court,  having  been 
reduced  the  laft  year,  were  not  only  granted 
at  the  fame  rate  this  feflion,  but  the  extra 
compenfation  to  the  Chief  Juftice  was  en- 
tirely withheld. 

After  a fhort  prorogation,  the  fame  fyf- 
tem  was  purfued  with  partial  fuccefs.  Mr. 
Bollan  who  had  been  the  agent  of  the  Prov- 
ince in  England,  was  difmiffed,  and  Jafper 
Mauduit,  Efq.  a gentleman  of  very  differ- 
ent purfuits  in  life,  and  of  much  lefs  knowl- 
edge in  provincial  affairs,  was  appointed 
in  his  ftead.  Richard  Jackfon,  jun.  Efq. 
Counfellor  at  law  for  Connecticut,  was  join- 
ed in  cafe  of  the  receipt  of  public  monies. 
Mr.  Bollan’s  intereft  had  been  much  fhaken 
by  Governor  Pownall,  who  had  partially 
affociated  his  brother  John  Pownall,  Secre- 
tary 


109 


See  page  88. 


no 


BERNARD. 


tar y to  the  board  of  trade,  in  the  agency. 
A deduction  from  the  reimburfement  mo- 
ney remitted  in  the  year  1759,  and  a remiflf- 
nefs  in  his  correfpondence  with  the  General 
Court  had  operated  Hill  more  to  diminifh 
the  public  eftimation  of  him.  The  inhabi- 
tants of  Bofton  alfo,  on  the  departure  of 
Governor  Pownall,  had  inftruded  their 
Reprefentatives,  upon  the  principle  of  re- 
lieving the  people  from  the  charge  of  wholly 
fupporting  an  agent,  and  procuring  the  ad- 
vantage of  perfonal  connexions,  to  endeav- 
our to  effect  the  election  of  fome  gentleman 
refiding  at  or  near  the  city  of  London. 
Mr.  Mauduit  came  within  this  defcription  ; 
being  the  brother  of  Ifrael  Mauduit,  Efq. 
who  had  made  himfelf  of  importance  to 
minifters  by  his  writings  and  other  aftive 
meafures  in  politics  ; and  who  was  after- 
wards partially  united  in  the  agency.  Thefe 
caufes,  and  perhaps  we  may  add  the  circum- 
ftance  of  Mr.  Bollan’s  being  a member  of 
the  church  of  England,  and  Mr.  Mauduit’s 
being  a DiflTenter,  placed  the  agent  on  that 
poife  with  the  General  Court,  which,  it  was 
faid,  the  influence  of  the  Governor  could 
turn  either  way.  Affairs  were  now  in  fuch 
a ftate  as  made  it  inexpedient,  perhaps  im- 

poffible 

* 


BERNARD, 


m 


poffible,  to  fave  him  from  oppofition,  and 
he  was  difmiffed  from  the  fervice  of  the 
General  Court,  near  the  opening  of  a con- 
teft,  in  which  his  talents  and  legal  informa- 
tion were  well  calculated  to  be  ufeful,  and 
to  the  aid  of  which  he  was  fome  years  after- 
wards recalled  in  the  capacity  of  agent  for 
the  Council. 

The  next  meafure  which  was  purfued  en- 
gaged all  the  attention  of  the  popular  party, 
being  founded  on  conftitutional  principles, 
and  immediately  connected  with  the  over- 
throw of  their  greateft  adverfary.  This  was 
a bill  for  excluding  the  Juftices  of  the  Su- 
periour  Court  from  a feat  in  the  Council  or 
Houfe  of  Reprefentatives.  The  grounds 
of  it  were  the  incompatibility  of  the  duties 
required  of  perfons  filling  thefe  offices,  and 
the  danger  to  the  liberties  of  the  fubjedt 
from  uniting  the  judicial  and  legiflative  pow- 
ers, and,  as  it  refpe&ed  the  Lieutenant-Gov- 
ernor, poffibly  the  executive  alfo,  in  the 
fame  hands.  At  the  prefent  day  the  reafon- 
ablenefs  and  neceffity  of  this  meafure  is  too 
obvious  to  require  explanation  : yet  not- 
withftanding  the  general  fuccefs  of  thofe 
who  advocated  it,  and  the  fpirit  with  which 

it 


112 


BERNARD. 


it  was  brought  forward,  it  was  loft  for  this 
time  in  the  Houfe  by  a majority  of  feven* 
In  the  courfe  of  the  arguments  upon  this 
fubjed:  on  the  prefent  and  future  occafion, 
the  dired:  and  refpeded  authority  of  Mon- 
tefquieu,  as  well  as  the  reafon  of  the  cafe  on 
the  general  principles  of  government,  were 
adduced  in  favour  of  the  exclufion,  and  were 
enforced  by  a newT  writer  with  a precision, 
perfpicuity,  and  coolnefs  well  calculated  to 
improve  the  advantages  which  his  fide  of 
the  queftion  afforded,  and  which  derived  ad- 
ditional weight  from  the  low  farcafm  and 
perfonal  abufe  that  had  become  very  fre- 
quent between  the  parties  to  this  controverfy. 
Attempts  were  made  to  avoid  his  arguments 
by  an  opponent  of  much  ingenuity  and  log- 
ical acutenefs  in  argument,  of  great  legal 
information  and  overbearing  wit.  It  was 
contended  by  him,  that  the  fenfe  of  keeping 
the  three  powers  of  government  diftind:  was 
that  the  body  which  exercifes  the  legijlative 
power  fhould  be  compofed  of  members, 
a majority  of  whom  fhould  have  no  {hare  in 
the  exercife  of  the  judiciary  power.  This 
was  keeping  the  feveral  powers  in  diftind: 
bodies  of  men,  and  fatisfied  the  principle, 
without  going  fo  far  as  to  fay  that  no  indi- 
vidual 


BERNARD.  nj 

vidual  member  fhould  belong  to  both.  So 
in  England  the  Lords,  who  fit  in  Parliament, 
were  not  deprived  of  their  feats  or  voices  by- 
being  made  Chancellors,  or  Judges  of  any- 
other  courts  in  England  ; nor  was  it  uncom- 
mon for  thefe  to  be  made  Peers  of  the  realm, 
of  which  Lord  Chief  Juftice  Mansfield  was 
an  inftance. 

As  to  a Lieutenant-Governor’s  not  being 
eligible  as  a Counfellor,  becaufe  in  cafe  of 
the  abfence  of  the  Commander  in  Chief  the 
Lieutenant-Governor  would  fill  his  place  5 
and  then  either  the  Province  muft  lofe  one 
of  its  Counfellors,  or  the  fame  gentleman 
muft  a<ft  as  Governor  and  Counfellor,  it 
.ought  to  be  premifed  : that  it  was  a great 
miftake  to  aflert  that  there  could  be  no  lib- 
erty, where  he  who  exercifes  the  executive 
power  has  any  floare  in  the  legiflative.  The 
King  of  Great-Britain,  wrho  had  the  foie  ex- 
ercife  of  the  executive  power,  had  alfo  a 
{hare  in  the  exercife  of  the  legiflative  power, 
that  is,  the  power  of  reje£ting.  Therefore 
Montefquieu,  who,  when  he  wrote,  had  the 
Englifh  government  in  view,  muft  be  un- 
derftood  to  mean  the  whole  executive  and  the 

whole 


VO L.  II. 


P 


H4 


BERNAR  D. 


whole  legiflative  powers  ought  not  to  be 
united,  as  they  are  in  the  republics  of  Italy  ; 
or,  in  other  words,  that  a majority  of  the 
body,  which  exercifes  the  legiflative  power, 
fhould  have  no  fhare  in  the  executive.  So 
long  as  the  Governor  was  refident  in  the 
Province,  there  could  be  no  conftitutional 
objection  to  the  Lieutenant-Governor’s 
being  in  the  Council.  As  to  the  contin- 
gency of  the  Lieutenant-Governors  filling 
the  place  of  the  Commander  in  Chief,  if  it 
fhould  happen,  it  could  at  moft  only  re- 
duce the  number  of  Counsellors,  confidered 
in  their  legiflative  capacity,  from  28  to  27  ; 
a cafe  which  frequently  occurred  without 
any  apprehenfion  of  danger  to  political  lib- 
erty ; and,  as  it  might  not  happen,  it  was 
abfurd  to  deprive  the  Province  of  an  able 
Counfelior  forever,  left  it  might  be  deprived 
of  him  for  a Short  time  ; and'  the  conftitu- 
tional objection  of  uniting  the  executive  and 
legiflative  powers  would  be  obviated  by  his 
declining  to  a£I  as  a Counfelior  in  matters 
of  legiflation  : or,  if  he  could  be  weak  or 
wicked  enough  to  attempt  to  enflave  his 
•country  (a  fuppofition  hardly  to  be  made  for 
argument’s  fake)  lie  was  not  to  be  feared, 
mnlefs  the  King,  Lords,  and  Commons  of 

Great- 


Great-Britain  were  fuppofed  to  be  in  com- 
bination with  him. 

To  this  it  was  anfwered,  that  if  a large 
majority  of  the  Legiflature  ought  to  have 
no  fhare  in  the  judiciary  power,  for  the  fame 
reafon  not  a fingle  man,  who  has  a fhare  in 
the  judiciary  power,  fhould  be  a member  of 
the  legiflative  body.  For  if  a fingle  mem- 
ber, why  not  more  ? and  liberty  muft  be  in 
danger,  according  to  the  maxim  advanced, 
in  proportion  to  the  degree  of  influence 
which  a Angle  member  of  the  one  body 
might  have  in  the  other : and  how  great 
would  be  the  influence  of  a Judge  in  the 
legiflative  body  ’ As  to  Chancellors  and 
Judges  having  feats  in  Parliament,  the  infer- 
ence that  it  was  confiitutional,  becaufe  it  had 
fometimes  been  a faCt,  was  inconclufive. 
The  creating  of  Peers  of  the  realm  and  elect- 
ing Counfellors  were  diftinCt  powers  : the 
one  was  the  aCt  of  the  fovereign,  the  other 
the  election  of  the  people.  A fovereign 
may  exercife  his  legal  prerogative,  as  he 
pleafes  ; but  would  it  follow,  that  becaufe  the 
fovereign  is  pleafed  to  create  a Lord  Chief 
Juftice  a Peer  of  the  realm,  it  is  expedient 
for  the  people  of  this  Province  to  make  a 


BERNARD. 


1 16 

Judge  a Counfellor  ? or  that  it  is  perfe&Iy’ 
confiftent  with  liberty  ? or  that  it  is  agreea- 
ble to  Montefquieu’s  fentiments  of  liberty, 
after  he  has  exprefsly  faid  that  there  could 
be  no  liberty,  if  the  power  of  judging  be  not 
feparated  from  the  legiflative  power  ^ 

That  the  inftance  of  the  King  of  Great- 
Britain’s  uniting  the  executive  and  legifla- 
tive powers  did  not  apply.  As  a legiflator 
he  had  only  the  right  of  rejecting.  Coun- 
fellors  had  the  right  of  refolving  ; and  the 
great  writer,  whofe  authority  was  relied 
upon,  exprefsly  fays,  that  if  a prince  fhould 
have  a fhare  in  legiflation  by  the  power  of 
refolving,  liberty  would  be  at  an  end.  That 
the  three  great  powers  fhould  be  kept  in 
an  even  balance  ; a fmall  weight  over  in 
either  fcale  might  indeed  be  more  eaflly  re- 
moved, but  whilft  it  remained,  it  as  effectu- 
ally deftroyed  the  balance  as  the  largeft. 
The  whole  executive  power  fhould  be  kept 
feparate  from  the  whole  legiflative  power. 
If  the  Commander  in  Chief  fhould  be  a Coun- 
fellor at  the  fame  time,  the  two  powers  be- 
ing veiled  in  the  fame  perfon,  though  with 
relpeCt  to  the  legiflative  in  part  only,  una- 
voidably, in  a certain  degree, 'there  would 

fall 


BERNARD. 


li7 


fall  In  the  fcale  of  executive  power  too 
much  weight  of  influence,  and  the  balance 
would  be  difadjufted.  Indeed  it  feemed  to 
be  allowed  by  the  friends  of  the  Lieutenant- 
Governor’s  caufe,  that  this  would  be  an  un- 
conftitutional  union  ; and  therefore  they  fay 
that,  in  fuch  a cafe,  a Lieutenant-Governor 
would  not  a£t  as  a Counfellor,  confidering 
the  Council  as  a legiflative  body.  But 
could  the  public  be  allured  of  this  ? Power 
is  enchanting  ; and  if  a Lieutenant-Gov- 
ernor in  the  cafe  fuppofed  Ihould  choofe  to 
think  it  was  not  an  unconftitutional  union, 
and  to  adf  in  both  capacities,  who  could 
hinder  him  ? 


Ev.  Poft. 
Boft.  Gaz. 
Journals  and 
Records  of 
the  General 
Court. 


The  military  events  of  this  year  although 
carried  on  without  the  continental  Colonies 
are  deferving  of  our  notice.  The  attack 
Upon  the  ifland  of  Martinique  by  troops 
drawn  from  thofe  Provinces  making  it  ne- 
ceflary  that  they  fhould  continue  their  ex- 
ertions, Maflachufetts  raifed  2000  men,  in 
order  to  aid  in  fecuring  the  Britifh  domin- 
ions, and  particularly  the  conquefts  in  her 
neighbourhood.  Never  before  were  the 
regiments  levied  fo  eafily,  compofed  fo  well, 
nor  brought  into  the  field  fo  early  as  this 

year. 


BERNARD. 

year.  Soon  after  the  capitulation  of  Marti- 
nique, another  enemy  was  found  in  the 
Spanifh  King,  lefs  formidable  from  the 
ftrength  of  his  arms  than  from  the  circum- 
flance  of  the  difmiffion  of  Mr.  Pitt.  The 
fortune  of  war  began  again  to  be  dreaded, 
left  Canada  and  the  American  fifhery,  which 
had  hitherto  been  held  irredeemable,  might 
by  the  overruling  event  of  affairs  be  reftored 
to  the  French.  The  requifite  additions  to 
the  number  of  men  raifed  as  the  quota  of 
the  Province  w^ere  made,  fo  as  to  increafe 
them  to  3220  ; and  feven  pounds  bounty 
was  voted  to  every  man,  who  fhould  enlilt 
in  the  regular  regiments,  to  the  amount  of 
893.  In  the  month  of  July  an  alarming 
account  arrived  of  the  French  actually  land- 
ing and  taking  poffeffion  of  the  Bay  of  Bulls 
in  Newfoundland  ; in  confequence  of  which 
not  only  the  trade  of  the  Province  was 
threatened  with  effential  injury,  but  an  ex- 
traordinary tax  was  about  to  be  laid  on  its 
inhabitants,  by  the  arrival  of  nine  fhips 
from  Halifax  with  700  French  neutrals  on 
board,  whom  the  afpe£t  of  affairs  had  made 
it  unfafe  to  retain  in  Nova-Scotia.  By  an 
examen  of  thefe  people  in  the  beginning  of 
the  year  1760,  there  was  found  to  be  1017 

of 


BERNARD.  119 

of  them  in  the  Province,  of  whom  only  394 
were  able  to  labour.  For  the  expenfe  of 
fubfifting  them,  the  Province  could  procure 
no  allowance  from  Parliament,  and  fo  had 
become  fubjeft  to  indefinite  taxation  in  this 
way  at  the  difcretion  of  the  commanders  in 
Nova-Scotia.  The  General  Court  thought 
themfelves  juftified  under  fuch  circumftan- 
ces  to  repel  this  burden,  and  forbid  the  land- 
ing of  thefe  unhappy  exiles.  The  partial 
conqueft,  which  the  French  made  at  New- 
foundland, was  foon  loft  by  the  recapture  of 
the  pofts  which  they  held  there  ; and  all 
the  benefit  which  they  derived  from  this 
expedition  was  the  interruption  of  the 
Britifh  fifhery,  and  a general  alarm  through 
the  Colonies. 

During  this  alarm  the  merchants  of  Salem 
and  Marblehead,  apprehenfive  for  the  fafety 
of  their  {hipping,  requefted  the  Governor  to 
afford  them  protection,  when  employed  in 
filhing  on  the  coafts  of  Nova-Scotia.  The 
meafures  taken  in  confequence  of  this  appli- 
cation produced  a debate  between  the  Gov- 
ernor and  the  Houfe  of  Reprefentatives, 
which  ferves  to  fhew  the  degree  of  jealoufy 
which  they  entertained  of  his  prerogative, 

and 


120 


BERNARD. 


and  perhaps  of  his  difpofition,  and  in  this 
view,  the  whole  proceedings  are  deferving 
of  detail.  The  provincial  frigate  being  at 
this  time  on  a cruife,  the  Governor  thought 
it  expedient,  after  obtaining  the  advice  of 
the  Council,  to  fit  out  the  armed  floop,  then 
juft  returned  from  Penobfcot,  with  fifty  men, 
and  to  fend  her  to  the  gut  of  Caufo,  where 
fhe  cruifed  for  about  a month,  and  encour- 
aged the  veffels,  which  were  there,  to  re- 
main and  complete  their  fares.  The  ufual 
number  of  men  for  this  floop  was  neceflarily 
to  be  augmented,  and  the  General  Court 
not  being  in  feflion,  the  Governor  with  ad- 
vice of  Council  undertook  to  do  this,  as  well 
as  to  make  an  eftablifhment  for  their  pay  ; 
and  the  expenfe  of  the  cruife  was  drawn 
for  upon  the  appropriation  for  armed  vef- 
fels. When  the  floop  returned,  he  made 
application  to  the  General  Court  to  provide 
for  the  continuance  of  her  compliment  of 
men  for  a longer  time  than  they  were  en- 
gaged for  : inftead  of  which,  after  obferving 
that  there  was  not  the  leaft  neceftity  for  it, 
they  remonftrated  againft  the  making  or  in- 
creafing  of  eftablifhments  by  the  Governor 
and  Council : that  it  was  in  effedt  taking 
from  the  Houfe  of  Reprefentatives  their 

moft 


BERNARD. 


I 2 1 


moil  darling  privilege,  the  right  of  origina- 
ting all  taxes,  and  annihilating  one  branch 
of  the  Legiflature  ; and  when  once  given  up, 
(which  no  neceffity  would  juftify  them  in 
doing)  the  government  would  become  arbi- 
trary : that  they  might  not  have  troubled 
the  Governor  about  this  affair,  had  it  been 
the  firft  inftance  of  the  kind,  but  left  it 
fhould  grow  into  a precedent,  they  befought 
his  Excellency,  as  he  regarded  the  peace 
and  welfare  of  the  Province,  that  no  meas- 
ures of  that  nature  might  be  taken  for  the 
future,  let  the  advice  of  the  Council  be  what 
it  might. 

The  precedents  referred  to  in  this  anfw"er 
were  the  cafes  of  the  funeral  of  Lieutenant- 
Governor  Phipps,  and  the  fitting  out  of  the 
fhip  of  war  King  George.  In  the  firft  in- 
ftance the  heirs  of  Mr.  Phipps,  after  apply- 
ing without  effedt  to  the  Governor  and 
Council,  Solicited  the  HouSe  of  Representa- 
tives to  bear  the  expenSe  of  his  funeral, 
which  they  refufed.  The  Governor  and 
Council  then  liquidated  Some  charges  which 
had  been  thought  unreasonable,  and  ordered 
the  accounts  to  be  paid.  Upon  this  the 

HouSe 

CL 


Vot.  ix. 


122 


BERNARD. 


Houfe  fent  a meffage  to  the  Council,  that 
the  advifing  to  fundry  warrants,  to  pay  mo- 
nies for  defraying  the  expenfes  of  burying 
this  officer,  was  unanimoufly  refolved  to  be 
a mifapplication  of  the  public  monies,  and 
unwarrantable  ; and  that  the  Houfe  remon- 
ftrated  againft  it  as  an  infraction  of  the  con- 
flitution.  The  Council  ftated  the  cafe,  and 
juftified  their  conduct,  not  however  without 
relying  much  on  their  economy,  and  the 
peculiarity  of  circumftances,  as  a fum  equal 
to  the  expenfe  of  covering  the  pulpit  had 
been  paid  immediately,  and  the  reiidue  of  the 
charge  had  lain  two  years  as  unreafonable, 
and  was  at  laft  adjufled.  In  the  cafe  of  the 
fhip  King  George,  which  happened  under 
the  adminiftration  of  the  prefent  Governor, 
in  the  year  1761,  intelligence  being  received 
that  two  privateers  were  cruiiing  oft  Block 
Ifland,  and  had  taken  feveral  veffels  bound 
to  and  from  the  Colonies,  and  the  fhip  hav- 
ing no  more  than  thirty  men  belonging  to 
her,  which  number  there  was  no  piofpect  of 
increafing  upon  the  exifting  eftablifhment, 
the  appropriation  for  the  fervice  of  the  fhip 
being  alfo  exhaufted,  the  Council  advifed 
the  Governor  to  imprefs  feamen,  and  to  en7 
lift  volunteers  for  one  cruife  upon  a bounty 

of 


BERNARD. 


I23 


of  ten  dollars  each,  provided  the  money 
could  be  procured  ; and  for  that  purpofe  it 
was  further  advifed,  that  a warrant  fhould 
iffue  upon  the  Treafurer  for  feven  hundred 
dollars,  to  be  paid  out  of  fuch  ill  ms  as  fhould 
be  fubfcribed  by  any  merchants,  or  other 
perfons,  for  the  above  mentioned  fervices, 
upon  the  credit  of  a reimburfement  to  be 
made  by  the  General  Court  at  their  next 
feflion. 

The  remonftrance  offered  to  the  Gover- 
nor was  attended  with  aggravating  circum- 
ftances.  It  was  paffed  after  a very  warm 
fpeech  by  a member  in  the  Houfe  ; and  at 
firft,  contained  the  following  offenfi ve  obfer- 
vation  : “ for  it  would  be  of  little  confe- 
quence  to  the  people,  whether  they  were 
fubjedff  to  George  or  Louis,  the  King  of 
Great-Britain,  or  the  French  King,  if  both 
were  arbitrary,  as  both  would  be,  if  both 
could  levy  taxes  without  Parliament.” 
The  Governor  was  fo  difpleafed  at  this  paf- 
fage,  that  he  fent  a letter  to  the  Speaker,  re- 
turning the  meffage  of  the  Houfe,  in  which 
he  faid  the  King’s  name,  dignity,  and  caufe 
were  fo  improperly  treated,  that  he  was 
obliged  to  defire  the  Speaker  to  recommend 

earneftly 


BERNARD. 

earneftly  to  the  Houfe,  that  it  might  not  be 
entered  upon  the  minutes  in  the  terms  in 
which  it  then  flood.  For  if  it  fhould,  he 
was  fatisfied  they  would  again  and  again 
wifh  that  fome  parts  of  it  were  expunged  ; 
efpecially  if  it  fhould  appear,  as  he  doubted 
not  it  would,  when  he  entered  upon  his  vin- 
dication, that  there  was  not  the  lead  grounds 
for  the  infinuation,  under  colour  of  which 
that  facred  and  well  beloved  name  was  fo 
difrefpe&fully  brought  into  queftion. 

Upon  the  reading  of  this  letter,  the  excep- 
tionable claufe  was  ftruck  out  of  the  mef- 
fage  ; but  enough  remained  to  excite  a vin- 
dication from  the  Governor,  which  he  fent 
by  the  Secretary  immediately  before  pro- 
roguing the  General  Court.  In  this  he 
complained  of  the  imputation  thrown  upon 
him,  in  the  charge  of  taking  from  the  houfe 
the  right  of  originating  taxes,  and  annihilat- 
ing one  branch  of  the  Legiflature  by  making 
or  increafing  eftablifhments,  tending  to  make 
the  government  arbitrary,  as  neither  exifting 
in  his  intentions  nor  deducible  from  his  ac- 
tions : that  contingencies  would  happen, 
in  which  the  Governor  with  advice  of  Coun- 
cil was  juftified  in  iffuing  monies  for  fervices 

not 


BERNARD- 


not  exprefsly  provided  for  by  the  General 
Court,  as  where  a danger  arifes  fo  immediate 
and  imminent,  that  there  is  no  time  for  call- 
ing the  Affembly  together ; or  where  the 
expenfe  of  fome  neceffary  fervice  is  fo  in- 
confiderable,  as  to  be  not  worth  the  while  to 
put  the  Province  to  the  charge  of  the  Affem- 
bly’s meeting  for  that  purpofe,  only  at  an 
expenfe  vaftly  greater  than  the  fum  in  quef- 
tion  : that  in  the  prefent  cafe  matters  were 
fo  managed  by  drawing  off  men  employed 
at  the  Caftle,  that  out  of  50  only  24  were 
charged  to  the  Province  : that  the  meafure 
was  a legal  and  conftitutional  exercife  of  the 
powers  veiled  in  the  Governor  and  Coun- 
cil ; and  that  if  it  were  wrong  and  ill  ad- 
vifed  (which  was  not  admitted)  it  could 
amount  to  no  more  than  an  improper  ap- 
plication of  the  public  money  by  thofe,  who 
had  lawful  authority  to  apply  fuch  money 
to  the  public  purpofes  ; and  when  this  dis- 
tinction was  confidered,  how  could  this  aCt, 
right  or  wrong,  be  applied  to  the  right  of 
originating  taxes,  annihilating  one  branch 
of  the  Legiflature  and  making  the  govern- 
ment arbitrary  ? 


Although 


126 


BERNARD. 


1763. 


Although  the  prorogation  flopped  the 
voice  of  the  Houfe  of  Reprefentatives,  fo  as 
to  prevent  a reply,  yet  they  found  time  to 
appoint  a committee  to  prepare  an  anfwer 
to  it  in  the  recefs,  and  to  report  at  the  next 
feffion,  when  they  failed  not  to  refume  their 
remonftrance  againft  fuch  an  unlimited  dif- 
cretionary  power,  as  the  Governor  feemed 
to  claim,  being  lodged  in  any  hands  but  the 
legiflative  body  of  a country  who  they  faid 
was,  in  all  regular  governments,  the  ulti- 
mate judge  of  the  good  of  a people. 

They  admitted  that  a difcretionary  power 
mud  of  neceffity  be  left  with  the  Governor 
and  Council  ; but  they  contended  that  this 
ought  to  be  limited  by  the  fum  appropriated 
by  the  General  Court  for  contingencies  arif- 
ing  from  fudden  imminent  dangers,  and 
neceflary  though  inconfiderable  fervices. 
They  quoted  the  proceedings  and  language 
of  the  Houfe  of  Commons  as  to  a flridt  ad- 
herence to  the  effential  parliamentary  forms 
of  granting  fupplies  only  upon  eflimates, 
and  appropriating  the  fame  to  fervices  and 
occafions,  publickly  avowed  and  judged  nec- 
effary.  That  “ the  departing  from  thefe 

excellent 


BERNARD.  127 

% t 

excellent  methods  will  by  degrees  render 
Parliament  altogether  ufelefs,  and  princes 
arbitrary,  by  lodging  in  the  crown,  and  in 
the  minifters,  an  abfolute  and  uncontrollable 
power  of  raifing  money  upon  the  people, 
which  by  the  wife  conftitution  of  Great- 
Britain  is  and  can  be  only  lodged  with  fafe- 
ty  in  the  Legiflature.”  They  declared  that 
as  they  were  far  from  wifhing  the  Governor 
to  give  up  any  part  of  his  Majefty’s  prerog- 
ative, fo  they  thought  that  the  moft  rational 
evidence  of  their  loyalty  and  attachment  to 
his  Majefty  was  a decent  and  vigorous  ad- 
herence to  thofe  principles  of  civil  and  re- 
ligious liberty,  which  were  the  bafis  of  the 
belt  government  in  the  world,  or  that  hu- 
man nature  was  capable  of. 

The  Governor  avoided  further  contro- 
verfy  upon  this  fubjed  with  equal  delicacy 
and  corrednefs,  by  obferving  to  the  Houfe 
that  he  fhould  have  been  glad  to  have  fig- 
nified  his  approbation  of  the  general  fenti- 
ments  prevailing  in  their  meffage ; to  have 
affured  them  that  there  was  no  danger  of 
their  differing  in  fundamental  principles  of 
loyalty  and  civil  liberty ; to  have  teftified 
his  fenfe  of  the  profeffions  of  perfonal  re- 
gard 


gard  which  they  exprefied  for  him ; but  that 
he  was  deprived  of  that  pleafure  by  perceiv- 
ing by  their  votes,  that  the  meflage  was  pre- 
pared by  an  order  made  and  a committee 
appointed  at  the  laft  feflion  : that  upon  a 
prorogation  all  bufinefs  that  had  a regard  to 
the  mutual  relation  of  the  three  branches, 
was  at  an  end,  and  if  it  were  to  be  renew- 
ed, it  muft  originate  de  novo : that  this  was 
the  chief  diftin&ion  between  a prorogation 
and  an  adjournment,  and  was  by  no  means 
indifferent,  and  he  therefore  defired  that  this 
might  not  be  a precedent  for  transferring  a 
bufinefs  from  one  feflion  to  another  by  way 
of  continuation. 


BERNARD. 


129 


CHAR  VI. 

Peace  in  1763 — Enmity  of  parties — -Ecclef* 
ajlical  difpute~—Plan  for  taxing  the  Colo - 
nies — Acts  of  trade  enforced — Proceedings 
of  the  Houfe  of  Reprefentatives  thereupon — 
Indian  war — InftruEtions  to  the  agent 
againf  taxing  the  Colonies  and  enforcing 
the  alls  of  trade — Harvard-Hall  burnt . 

A MORE  pleafmg  communication  very 
foon  followed,  in  announcing  authentic  ad- 
vice, that  the  preliminaries  of  peace  between 
Great-Britain,  and  France  and  Spain,  had 
been  figned.  This  event  both  Houfes  ac- 
knowledged with  humble  gratitude  for  the 
protection  afforded  them  by  their  gracious 
fovereign  during  the  war,  for  the  frequent 
grants  made  by  Parliament  for  their  relief, 
and  for  the  affurances  of  compenfation  for 
the  expenfes  of  the  laft  year,  without  which 
protection  they  would  have  been  a prey  to 
the  power  of  France,  and  without  which 
affiftance,  the  burden  arifing  from  their  un- 
precedented expenfes  would  have  been  in- 
fupportable.  On  this  occafion  they  return- 
ed 

Vol.  11.  R 


1763- 

Jan  Ik 
Feb.  7. 


130 


BERNARD. 


ed  their  thanks  to  the  Governor  alfo  ; and 
expreffed  their  wifhes  that  he  might  long  be 
continued  at  the  head  of  the  government, 
promoting  that  interior  peace  upon  which 
their  profperity  fo  much  depended. 

The  communication  of  the  final  ratifica- 
tion of  the  peace,  to  the  new  Aflembly  of 
the  prefent  year,  drew  from  them  an  addrefs 
not  lefs  replete  with  gratitude  to  the  King 
for  the  great  advantages  obtained  by  it,  and 
with  refpe£t  for  the  Governor.  They 
declared  themfelves  fenfible  of  his  fervices 
during  the  war  ; but  as  the  peaceful  and  fet- 
tled ftate  of  the  country  would  give  him 
more  opportunities  of  ferving  it  than  were 
then  to  be  expected,  they  doubted  not  but 
he  w^ould  improve  them  for  the  belt  pur- 
pofes.  They  hoped  that  he  would  ftill  have 
the  honour  of  being  diftinguifhed  in  En- 
gland for  his  attachment  to  their  intereft, 
which  was  infeparably  connected  with  the 
intereft  of  the  mother  country;  and  have  fur- 
ther public  teftimonies  from  a moft  grateful 
people.  They  declared  that  the  unanimity 
which  the  Governor  recommended  was 
never  greater  in  the  Province  than  at  this 
time.  They  doubted  not,  that  as  they  had 

been 


BERNARD. 


been  delivered  from  foreign  war,  they  fhould 
be  equally  free  from  intefline  divifions  ; and 
that  now  peace  was  diffufed  through  the 
vaft  circle  of  the  Britifh  dominions,  it  would 
continue  and  prevail  in  an  efpecial  manner 
in  the  counfels  of  this  Province,  under  his 
wife  and  impartial  adminiftration. 

The  two  Houfes  alfo  agreed  upon  an  ad- 
drefs  to  the  King.  In  this  they  returned 
their  thanks  to  his  Majefty  for  procuring  by 
the  treaty  of  peace  conceflions  equal  to  their 
greateft  hopes,  and  expreffed  their  obliga- 
tions to  contribute  to  the  happinefs  of  his 
Majefty ’s  reign,  as  far  as  the  remotenefs  of 
their  fituation  and  the  limits  of  their  fphere 
would  admit ; and  promifed  a conftant  en- 
deavour to  evidence  their  gratitude  by  every 
expreflion  of  duty  and  loyalty  in  their 
power. 

Whatever  wiihes  might  have  been  enter- 
tained by  the  General  Court  for  the  interior 
peace  of  the  Province,  and  however  its  pe- 
cuniary interefts  as  it  refpe£ted  the  reim- 
burfement  money  and  other  juft  caufes 
might  have  preferved  a tranquillity  in  the 
Legillature  unlike  the  warmth  which  pre- 
vailed 

* 


BERNARD. 


vailed  without  doors,  the  caufes  of  difcord 
were  too  eflfe&ually  eftablifhed  to  admit  of 
a union  of  parties.  National  diftruft  had 
taken  deep  root  from  long  Handing,  and 
perfonal  animofity  had  entwined  itfelf  with 
the  public  caufe.  The  prefervation  of  lib- 
erty on  one  fide,  and  the  fupport  of  good 
government  on  the  other,  were  connected 
with  the  downfall  of  individuals  in  the  op- 
pofite  divifions.  A people,  profefling  a 
jealoufy  of  their  liberties,  and  conftantly 
feeking  for  a knowledge  of  their  rights,  nat- 
urally interefted  themfelves  in  whatever  re- 
lated to  the  character  and  conduct  of  polit- 
ical difputants.  Hence  private  concerns  fell 
under  the  cognizance  of  public  opinion,  and 
perfonal  charges  were  brought  forward  at 
the  bar  of  the  prefs.  The  friends  of  the 
Lieutenant-Governor’s  caufe  charged  Mr. 
Otis  with  raifing  his  patriotifm  from  the 
difappointment  of  his  father,  who  failed  in 
his  application  for  the  place  of  a Judge  of 
the  Superiour  Court,  and  with  attempting 
to  execute  his  threat  to  let  the  Province  in 
a flame,  in  cafe  he  fhould  not  obtain  it. 
Mr.  Otis  in  return  difavowed  all  fuch  mo- 
tives and  threats,  and  charged  Mr.  Hutch- 
infon  with  duplicity  and  intrigue  in  obtain- 
ing 


BERNARD.  t 

ing  the  place  of  Chief  Juftice,  to  the  exclu- 
fion  of  the  elder  Mr.  Otis’s  application. 

Other  perfons  alfo  were  drawn  foward  by 
name  in  the  newfpapers,  and  the  ferment 
was  kept  up  by  a mixture  of  various  fub- 
jedts  of  controverfy. 

Amongft  thefe  was  a difpute  between  the 
Epifcopalians  and  Diflenters,  which  may  be 
confidered  as  falling  more  peculiarly  within 
the  eccleliaftical  hiftory  of  the  country,  but 
which  from  its  intimate  connexion  with 
politics,  and  from  its  dividing  the  inhabi- 
tants into  the  fame  parties,  as  well  as  from 
the  general  intereft  which  it  created  in  their 
feelings,  may  not  be  thought  an  improper 
fubjedt  to  be  mentioned  in  this  work.  The 
general  oppofition  of  thofe  feds  of  chriftians 
from  the  planting  of  the  Colony  is  com- 
monly known.  In  the  year  1701  the  Soci- 
ety for  propagating  the  gofpel  in  foreign 
parts  was  incorporated  in  England  ; and 
being  eftablifhed  by  Epifcopalians,  was  nat- 
urally looked  to  by  them  for  the  fpreading 
and  fupporting  of  their  church.  This  So- 
ciety had  fent  and  was  maintaining  about 
thirty  miflionaries  in  New- England  ; and  a 
jealoufy  prevailed  amongft  the  Diflenters 

that 


*34 


BERNARD. 

2 f . « *»  » . 4 . 

that  the  congregations,  which  were  aided  by 
thefe  millions,  were  defigned  to  introduce 
an  Epifcopal  fovereign,  to  whom  their 
own  churches  might  at  length  be  made  fub- 
fervient.  The  incident,  which  awakened 
the  controverfy  on  this  fubjedt,  at  a moment 
when  the  fpirit  of  party  attached  itfelf  to 
every  thing  which  could  be  moulded  to  its 
purpofes,  was  the  death  of  Doftor  E.  Miller, 
one  of  the  Society’s  miffionaries  over  an 
Epifcopal  church  in  Braintree.  The  man- 
ner, in  which  this  was  related  in  the  Gaz- 
ette, was  confidered  as  difrefpedtful  from 
the  farcafm  that  was  thrown  upon  his  con- 
gregation, as  though  they  came  within  the 
defcription  of  perfons  amongft  whom  it  was 
the  proper  object  of  the  Society  to  propa- 
gate the  gofpel,  and  who,  in  the  writer’s 
view,  were  the  negroes  and  Indians  of  the 
country. 

The  paragraph  was  pointedly  refented  by 
the  Rev.  Eaft  Apthorp,  another  miflionary 
of  the  Society  at  Cambridge,  where  a church 
had  been  lately  eredted.  He  feized  this  oc- 
cafion  to  undertake  the  defence  of  the  Soci- 
ety’s conduct,  as  confiftent  with  the  powers 
veiled  in  it  by  its  charter,  and  once  for  all 

to 


BERNARD. 


*35 


to  fettle  the  queftion,  whether  it  had  mifap- 
plied  a fund  originally  limited  to  the  con- 
verfion  of  the  Heathen.  In  this  defence 
the  writer  laboured  to  prove,  that  it  was  a 
diredt  and  immediate  object  of  the  Society 
to  propagate  the  gofpel  in  the  Britifli  Colo- 
nies and  plantations.  But  Mr.  Apthorp’s 
considerations,  inftead  of  fettling  the  quef- 
tion  once  for  all,  drew  from  the  pen  of 
Dodtor  Jonathan  May  hew  obfervations  on 
the  charter  and  condudt  of  the  Society,  with 
remarks  on  Mr.  Apthorp’s  confiderations, 
and  various  incidental  refledtions  relative  to 
the  church  of  England,  and  the  ftate  of  re- 
ligion in  North-America.  The  acumen  and 
celebrity  of  this  performance  placed  the  au- 
thor of  it  firft  on  the  lift  of  polemics  in  this 
country,  and  gave  him  a high  reputation  in 
Europe.  After  feveral  ftridlures  upon  it  in 
New-England,  two  of  which  were  particu- 
larly replied  to,  an  anfwer  to  Dodtor  May- 
hew’s  obfervations  appeared  in  London, 
and  was  attributed  to  the  Archbifhop  of 
Canterbury  himfelf.  If  this  writer  conceded 
too  much  in  his  argument,  to  fave  the  vic- 
tory as  a difputant,  he  loft  nothing  of  the 
dignity  and  candour  which  became  him  as 
an  arbiter  in  this  controverfy,  and  which 


was 


i36  BERNARD. 

was  due  to  his  high  ftation  in  a chriftian 
church.  This  brought  forward  a fecond 
defence  with  zeal  little  diminifhed  on  the 
part  of  Doctor  Mayhew,  and  with  enlarged 
obfervations  on  the  fettlement  of  Bifhops  in 
North-America  : and  a review  of  this  de- 
fence by  Mr.  Apthorp  feems  to  have  clofed 
the  difpute  of  thefe  writers.  The  connex- 
ion between  this  conteft  and  politics  con- 
fifted  chiefly  in  the  impreflion  made  on  the 
public  mind,  that  the  eftablifhment  of  Bifh- 
ops would  be  attended  with  the  exercife  of 
temporal  powers  fimilar  to  thofe  which  they 
poflfefled  in  England ; and  that  the  folici- 
tude  of  the  Society  to  plant  miffionaries, 
where  the  benefits  of  the  gofpel  were  ad- 
miniftered,  though  not  according  to  the  rit- 
ual of  the  church  of  England,  had  been  the 
means  of  neglefting  the  Indians  on  the  bor- 
ders, and  fo  lofing  an  influence  over  them, 
which  might  have  prevented  the  cruelties  of 
war. 

Whatever  advantages  eventually  accrued 
to  civil  or  religious  liberty  from  this  contro- 
verfy,  its  immediate  effe&s  were  little  calcu- 
lated to  advance  the  mild  fpirit  of  the  gofpel. 
The  heat  with  which  it  was  carried  on  re- 
generated 


BERNARD. 


*37 


generated  the  ancient  enmities,  by  calling 
up  to  view  the  former  conflids  of  the  liti- 
gating parties.  The  persecution  of  the  Dif- 
fenters  by  the  church  of  England  before 
the  fettlement  of  America  took  place  ; their 
intolerance  to  Epifcopalians  and  other  feds 
afterwards  ; their  cruelty  to  the  Quakers  ; 
the  relative  ftate  of  morals  among  the  exift- 
ing  members  of  the  different  communions, 
and  even  the  condud  of  individual  charac- 
ters, were  forced  up  in  the  accufation  and 
defence  of  the  Society  for  propagating  the 
gofpel,  and  all  this  with  a guife  of  ufing 
fharp  expreffions  and  perfonal  invedive  un- 
der proteftations  of  candour  and  good  will, 
which  gave  too  great  a complexion  of  cant 
and  infincerity  to  the  debates  of  the  times 
in  general.  Thefe  writings  therefore  may 
be  confidered  as  increafing  the  divifions, 
which  were  rifing  in  Maffachufetts  as  in  a 
point,  whence  with  diverging  influence  they 
were  about  to  fpread  over  the  American  and 
European  world. 

The  fpirit  difplayed  in  the  Province  of 
Maffachufetts  Bay  was  truly  hoftile  to  any 
alterations  in  its  government.  There  was 

no 

Vol.  II.  S 


138  BERNARD. 

no  torpor  to  invite  encroachments  upon  civil 
rights  by  Health  ; and  the  divilions  were  too 
unequal  in  point  of  numbers  to  afford  hope 
for  the  operation  of  force.  The  only  chan- 
nel, through  which  the  Colonifts  could  be 
approached  by  the  government  in  England 
therefore,  was  in  thofe  external  regulations 
of  trade,  which  they  had  conceded  to  be 
under  its  control.  No  time  was  loft  in 
beginning  on  this  ground,  and  converting 
thofe  regulations  into  fources  of  taxation. 
Before  the  peace  had  extended  to  the  In- 
dians, the  firft  lord  of  trade  with  a view  of 
raifing  a revenue  from  foreign  molaffes  im- 
ported into  Britifh  Colonies,  moved  for  a 
reduction  of  the  duty,  which  flood  fo  high 
as  to  amount  to  a prohibition,  or  would 
have  operated  fo,  had  not  the  aft  been 
wholly  neglected,  and  the  trade  connived  at. 
This  motion  was  fuftained  and  produced  a 
‘ bill  for  the  purpofe,  which  was  referred  by 
the  Houfe  of  Commons  to  the  next  fefiions. 
A plan  was  likewife  framed  by  Mr.  Gren- 
ville, for  laying  a direct  internal  tax  on  the 
Colonies  by  a ftamp  act  This  alfo  was 
poftponed.  In  the  mean  time  the  lords  of 
the  Admiralty  iffued  their  inftruftions  to  the 
commanders  of  the  navy  in  America,  to  en- 
force 


BERNARD, 


*39 


force  the  feveral  adts  of  trade,  that  is,  the 
navigation  adt  and  others,  by  which  it  was 
provided,  that  no  goods  fhould  be  imported 
into  or  exported  from  any  of  his  Majefty’s 
plantations,  except  in  veiTels  built  in  and 
belonging  to  the  people  of  England,  or  Ire- 
land, or  fuch  plantations  ; and  whereof  the 
mafter  and  three  quarters  of  the  crew,  at 
leaft,  fhould  be  Englifh  : that  no  produdt  or 
manufadture  of  Europe,  excepting  wines 
from  Madeira  and  the  Azores,  fervants, 
horfes,  and  vidhials  from  Scotland,  and 
victuals  from  Ireland,  fhould  be  imported 
into  fuch  plantations,  without  being  laden 
and  fhipped  in  England  : that  all  veffels  in 
the  plantations  fhould  be  fubjedi  to  the  fame 
fearches,  and  ail  Cuftom-Houfe  officers  there 
fhould  have  the  fame  powers,  as  in  England  : 
that  the  Treafurer  and  Commiffioners  in  En- 
gland fhould  appoint  officers  in  the  planta- 
tions, and  that  fliips  trading  there  fhould 
be  regiftered,  &c.  By  one  of  thefe  laws  it 
was  declared,  that  all  laws  made  by  any  of 
the  Colonies  inconfiftent  with  any  adt  of 
Parliament  fhould  be  void.  This,  as  it  re- 
fpedted  Maffachufetts,  was  either  fuperflu- 
•ous,  or  fhewred  a diftruft  of  the  power  of 
the  King  in  Council,  by  whom  the  laws 

paffed 


BERNARD; 


paffed  in  this  Province  were  fubje£t  to  be 
difapproved  within  three  years.  Deputa- 
tions alfo  were  fent  to  feize  prohibited 
goods.  But  the  ftrongeft  apprehenfions 
arofe  from  the  publication  of  the  orders  for 
the  ftri£t  execution  of  the  molaffes  aft, 
which  is  faid  to  have  caufed  a greater  alarm 
in  the  country  than  the  taking  of  Fort 
William  Henry  did  in  the  year  1757. 

Although  oppofition  was  not  fo  fettled  and 
arranged,  as  to  enable  it  to  be  active  againft 
thefe  threatening  proceedings  ; yet  they  did 
not  pafs  unnoticed  by  the  Houfe  of  Repre- 
fentatives,  who  drew  up  inftru&ions  to  their 
agent,  to  ufe  his  endeavours  to  obtain  a re- 
peal of  the  fugar  a £t,  and  to  exert  himfelf  to 
prevent  a ftamp  a£t,  or  any  impofitions  or 
taxes  upon  this  or  the  other  American  Col- 
onies ; in  addition  to  which  they  alfo  made  a 
ftatement  of  the  rights  of  the  Britifh  Colo- 
nies in  general,  and  of  Maflachufetts  in  par- 
ticular. Thefe  however,  being  referred  to 
a committee  on  the  agent’s  letters,  appear  to 
have  been  checked,  at  this  time,  by  them. 
But  the  Houfe  proceeded  to  choofe  a com- 
mittee, to  write  to  the  other  governments, 
in  the  recefs  of  the  General  Court,  to  ac- 
quaint 


BERNARD. 

quaint  them  with  the  inftrudtions,  and  to 
defire  the  feveral  Affemblies  to  join  them  in 
the  fame  meafures.  At  the  clofe  of  the  fei- 
fion  the  Governor  prorogued  the  Court, 
with  expreffions  of  applaufe  for  their  una- 
nimity. 

The  embarraffments  of  the  General  Af- 
fembly  in  a financial  view  were  leffened  by 
the  receipt  of  the  reimburfement  money 
granted  by  Parliament  for  the  year  1761. 
But  they  were  greatly  increafed  by  the  ir- 
ruption of  a general  Indian  war,  which 
might  have  again  made  the  aid  of  the 
mother  country  of  much  importance.  Al- 
though this  evil  fell  more  immediately  on 
the  frontiers  of  the  fouthern  Colonies  ; yet 
it  was  made  a common  caufe  in  the  view 
of  the  King.  And  General  Gage,  who  had 
become  Commander  in  Chief  by  the  depar- 
ture of  General  Amherft,  propofed  to  col- 
ie di  a refpe£table  force  at  Niagara  in  the 
fpring,  to  carry  the  war  into  the  country  of 
the  Indians  upon  the  lakes,  whilft  a force 
from  thofe  Colonies  fhould  execute  a fimi- 
lar  plan  upon  the  River  Ohio.  For  this 
purpofe  he  required  700  men  of  Maffachu- 
fetts  : and  the  Governor  demanded  200  in 

addition 


141 


41,774/.  16,-. 


142 


BERNARD. 


addition  to  thefe,  to  enable  him  to  ‘protect 
the  eaftern  country.  The  Houfe  of  Rep- 
refentatives  availed  themfelves  of  the  cir- 
cumftance  of  terms  of  peace  being  propofed 
by  fome  of  the  principal  tribes,  which  were 
accepted  by  the  commanding  officer  at 
Detroit,  to  wave  the  further  confideration 
of  General  Gage’s  requifition.  But  inftruc- 
tions  arriving  from  the  Secretary  of  State, 
enforcing  the  meafures  recommended  by  the 
Commander  in  Chief,  the  Governor  urged 
them  again  upon  the  General  Court,  when 
the  Houfe  again  declined,  for  reafons  given 
at  large,  to  affume  this  burden  upon  the 
Province  at  the  prefent  time.  Thefe  rea- 
fons he  engaged  to  lay  before  the  Secretary 
of  State,  not  without  expreffing  his  appre- 
henfions,  that  by  their  refufal,  they  would 
counteract  other  purpofes,  which  they  had 
been  profecuting  in  the  courfe  of  the  feffion, 
of  infinitely  greater  confequence  than  the 
expenfe  of  the  men  required. 

About  this  time  there  was  a paufe  in  the 
oppofition  to  the  meafures  of  the  crown  and 
Parliament,  which  might  have  given  fome 
appearance  of  the  conciliation  of  parties,  but 
which  was  more  probably  owing  to  the  un- 
certainty 


BERNARD.  143 

certainty  of  the  eventual  plan  of  the  minif- 
try,  and  the  proper  ground  to  be  chofen  for 
counteracting  it.  The  fupprefling  of  the 
propofed  inftrudtions  to  the  agent  by  a 
committee  of  the  Houfe  of  Reprefentatives, 
indicated  that  this  balance  of  power  there 
was  unfettled.  Several  circumftances  {hew- 
ed a lefs  inflexible  fpirit  than  had  exifted 
among  the  leaders.  The  Governor  appoint- 
ed the  elder  Mr.  Otis  a Juftice  of  the  Court 
of  Common  Pleas  and  Judge  of  Probate  for 
'the  County  of  Barnftable.  The  younger 
wrote  a pamphlet  on  the  rights  of  the  Brit- 
ifh  Colonies,  in  which  he  acknowledged  the 
fovereignty  of  Parliament,  as  well  as  the  ob- 
ligations of  the  Colonies  to  fubmit  to  fuch 
burdens  as  it  might  lay  upon  them,  until  it 
fhould  be  pleafed  to  relieve  them,  and  put 
the  queftion  of  taxing  America  on  the  foot- 
ing of  the  common  good.  Lieutenant-Gov- 
ernor Hutchinfon,  after  being  fo  hardly  pur- 
fued  as  to  his  eligibility  as  a Counfellor,  al- 
moft  regained  his  popularity  with  the  Houfe 
of  Reprefentatives  in  the  prefent  exigency  of 
public  affairs,  which  made  it  expedient  to 
choofe  an  additional  agent  to  be  fent  imme- 
diately from  this  country  to  England.  The 
General  Court  were  induced  to  adopt  this 

meafure 


i44 


BERNARD. 


Hutch.  M.  S. 
better*. 


meafure  from  feveral  caufes.  The  fpirit 
which  was  fhewn  towards  America  by  men 
in  power  caft  a deadly  influence  upon  her 
liberty.  It  was  beginning  to  a£t  through 
the  channel  of  commerce.  The  merchants 
of  Bofton  and  the  other  fea  ports  in  the 
Province,  anxious  to  repel  this  impending 
evil,  prefented  a petition  that  meafures 
might  be  taken  to  preferve  the  trade  from 
the  pernicious  effe&s  of  the  fugar  a£i  and 
other  regulations  connected  with  it.  The 
reafons  given  in  this  petition,  as  well  per- 
haps as  the  ftrange  acquiefcence  of  Mr. 
Mauduit  in  the  views  of  the  miniftry,  and 
his  feeble  manner  of  foliciting  for  the  reim- 
burfement  of  the  expenfe  of  maintaining 
the  French  neutrals,  brought  the  General 
Court  to  the  refolution  of  choofmg  an  agent, 
to  a£t  jointly  with  him  in  England.  No 
man  in  the  Province  was  generally  conlid- 
ered  more  fuitable  for  this  appointment  than 
Mr.  Hutchinfon  ; and  he  was  in  fuch  favour 
with  the  members,  as  to  receive  all  the  votes 
but  eight  in  both  Houfes.  An  embarralf- 
ment  arofe,  however,  which  entirely  fruf- 
trated  his  entering  upon  a charge,  which,  if 
undertaken,  would,  probably,  have  accele- 
rated his  private  fortunes,  and  perhaps 

changed 


BERNARD. 


H 5 


changed  the  future  political  circumftances 
of  the  country.  The  office  of  Lieutenant- 
Governor  afforded  him  neither  profit  nor 
employment ; yet  it  was  confidered  by  the 
Governor  as  an  appointment  of  fuch  a na- 
ture, as  made  it  improper  for  him  to  be  ab- 
fent  from  the  Province  without  permiffion. 
In  this  opinion  he  acquiefced,  and  returned 
an  anfwer  to  the  Affembly,  that  fome  diffi- 
culties rendered  it  impracticable  for  him  to 
proceed  to  England  immediately,  but  that 
thefe  would  probably  be  removed  in  a few 
months  ; and  fo  left  it  with  them  either 
wholly  to  excufe  him  or  to  fuffer  him  to 
engage  in  the  bufmefs,  when  he  might  be 
at  liberty  to  undertake  it.  The  importance 
of  the  objeCts  in  queftion  now  afforded  an 
opportunity  to  Mr.  Hutchinfon’s  enemies 
to  oppofe  him  with  fuccefs,  as  delay  might 
operate,  in  fuch  a cafe,  to  the  great  injury 
of  the  country.  Eventually  the  Houfe  vo- 
ted by  a majority  of  nine  to  excufe  him  in 
confequence  of  his  letter  ; but  the  Council 
being  divided,  this  vote  was  confidered  as 
being  non-concurred  ; thus  the  bufmefs  was 
left  unfettled  to  his  great  mortification,  as 
he  had  expeCted  an  indulgence  in  this  in- 

ftance, 


Vol.  11. 


T 


146  B E R N A R I>. 

fiance,  and  complained  to  his  friends  that 
the  queftion  was  taken  when  he  was  ab- 
ient  from  the  Court,  and  many  leading 
members  of  the  fame  fentiments  had  accom- 
panied him.  He  ftill  entertained  an  expec- 
tion  that  the  vote  might  be  renewed  by  the 
fucceeding  Affembly  ; and  he  thought  him- 
felf  entitled  to  it  by  thirty  years  fervice, 
particularly  by  projeding  and  fubftituting 
fpecie  for  a paper  currency  under  fuch 
great  difficulties  as  he  had  oppofed  ; and 
with  this  impreffion  he  wrote  to  Lord  Hali- 
fax for  leave  to  abfent  himfelf  from  the 
Province,  in  cafe  of  his  being  again  called  to 
the  agency.  But  he  had  paffed  the  fummit 
of  his  popularity,  and  was  now  about  to  de- 
lcend  into  the  vale  of  public  cenfure,  cheer- 
ed only  by  the  light  of  his  own  mind,  and 
the  temporary  iunffiine  of  royal  favour* 

Although  Mr.  Hutchinfon  was  not  finally 
appointed  to  the  agency  in  England,  yet 
the  General  Court  appear  to  have  availed 
themfelves  of  his  fervices,  in  draughting  in- 
firudions  to  Mr.  Mauduit  agalnft  the  fev- 
eral  acfs  of  Parliament,  fo  detrimental  to  the 
trade  and  fiffiery  of  the  Province.  Upon 
the  iubjed  of  the  fugar  ad  the  arguments 

were 


BERNARD. 


*47 


were  of  the  fame  nature  with  thofe,  which 
have  been  already  ftated.  The  bufinefs  of 
the  fifhery,  which,  it  was  alleged,  would  be 
broken  up  by  the  a£t,  was  at  this  time  efti- 
mated  in  Maffachufetts  at  £164,000  fterling 
per  annum  ; the  veflels  employed  in  it, 
which  would  be  nearly  ufelefs,  at  jT  1 00,000  ; 
the  provifions  ufed  in  it,  the  cafks  for  pack- 
ing fifh,  and  other  articles,  at  jC 22,700  and 
upwards  : to  all  wThich  there  was  to  be  added 
the  lofs  of  the  advantage  of  fending  lumber, 
horfes,  provifions,  and  other  commodities 
to  the  foreign  plantations  as  cargoes,  the 
veffels  employed  to  carry  fifh  to  Spain  and 
Portugal,  the  difmifling  of  5000  feamen 
from  their  employment,  the  effe&s  of  the 
annihilation  of  the  fifhery  upon  the  trade  of 
the  Province  and  of  the  mother  country  in 
general,  and  its  accumulative  evils  by  in- 
crealing  the  rival  fifheries  of  France.  This 
was  forcibly  urged  as  it  refpe£ted  the  means 
of  remittances  to  England  for  goods  import- 
ed into  the  Province,  which  had  been  made 
in  fpecie  to  the  amount  of  ^150,000  fter- 
ling, befide  ^90,000  in  the  Treafurer’s  bills 
for  the  reimburfement  money,  within  the 
laft  eighteen  months.  The  fources  for  ob- 
taining this  money  were  through  foreign 

countries 


BERNARD. 


148 


countries  by  the  means  of  the  fifhery,  and 
would  be  cut  oft  with  the  trade  to  their 
plantations.  As  to  the  unconftitutionality 
of  this  law  on  the  principles  of  taxation  it 
was  obferved  ; that  the  inhabitants  of  this 
Province  were  empowered  by  their  charter, 
and  his  Majefty’s  other  Colonies  were  em- 
powered by  the  commiffions  under  which 
they  were  governed,  to  raife  monies  for  the 
fupport  of  their  refpe&ive  governments.  If 
duties  and  taxes  were  to  be  laid  upon  them 
in  any  one  inftance,  what  aflurance  had  they 
that  thefe  would  not  be  fo  multiplied,  as  to 
render  this  privilege  of  no  importance  to 
them.  They  had  at  all  times  done  every 
thing  that  could  be  expe&ed  from  them  in 
fupport  of  his  Majefty’s  government,  and 
in  time  of  war  they  had  gone  beyond  this, 
and  had  therefore  been  relieved  by  favour 
of  Parliament : that  they  were  ftill  difpofed 
to  do  every  thing  in  their  power,  and  hoped 
that  it  would  be  thought  as  r^hfonable  that 
the  Affemblies  of  the  Colonies  fhould  deter- 
mine what  monies  fhould  be  raifed  upon 
the  inhabitants  here,  as  that  the  Parliament 
of  Ireland  fhould  determine  the  monies  to 
be  raifed  upon  the  inhabitants  there  : that 

L 

the  growth  of  the  Colonies  depended  upon 

the 


BERNARD. 


149 


the  enjoyment  of  their  liberties  and  privi- 
leges ; and  as  they  increafed  fo  their  trade 
with  Great-Britain  would  increafe,  which 
was  a confideration  of  far  greater  impor- 
tance to  the  nation,  than  the  profits  that 
could  arife  from  any  duties  or  taxes  with 
which  they  might  be  burdened.  The  agent 
was  directed  to  endeavour  to  procure  the 
agents  of  the  other  Colonies,  to  join  with 
him  in  this  common  concern,  and  to  feleCt 
fuch  characters  to  conduct  it  in  Parliament, 
as  would  be  moft  capable  of  effecting  it  in 
a way  expreffive  of  their  firm  allegiance  to 
the  belt  of  kings,  of  their  grateful  fenfe  of 
the  numerous  favours  conferred  on  them  by 
Parliament,  and  of  their  humble  hopes  of  a 
continuance  of  its  favour : that  they  could 
not  but  hope,  if  the  bufinefs  fhould  be  prop- 
erly conducted,  that  no  taxes  nor  duties 
would  be  laid  upon  the  Colonies,  whilft 
they  remained  unreprefented  in  Parliament, 
whofe  difpleafure  could  not  be  incurred  by 
the  principles  which  they  aCted  upon,  thefe 
being  the  fame  which  actuated  their  own 
minds,  the  principles  of  liberty  and  of  the 
conftitution. 


The 


*5° 


BERNARD. 


The  inftrudtions  were  alfo  extended  to 
the  adt  of  15th  of  Charles  II.  and  ftated  the 
hardfhips  and  injury  of  carrying  certain 
commodities,  the  growth  of  Europe,  to  En- 
gland, before  they  could  be  imported  into 
the  Britifh  Colonies  ; that  the  expenfe  of 
carrying  fome  articles  received  for  fifti  in 
Spain  and  Portugal  to  London,  to  enter 
them  in  the  Cuftom-Houfe  there,  would  be 
fo  great  as  to  exceed  the  amount  of  the  coft, 
and  many  times  the  value  of  the  duty  alfo  ; 
and  fruit  fo  neceflary  for  the  health  and 
comfort  of  the  inhabitants  would  be  loft 
from  the  length  of  the  voyage  : nor  could 
the  adt  be  fuppofed  to  intend  a prohibition, 
as  the  bringing  of  thofe  articles  diredtly  to 
the  Colonies  was  no  prejudice  to  Great- 
Britain.  Wine  was  admitted,  by  the  adt, 
from  Madeira  and  the  weftern  iflands.  As 
this  had  increafed  in  value  fo  much,  from 
the  great  ufe  of  it  in  England,  as  to  put  it 
out  of  ufe  in  the  Colonies,  and  by  their 
growth  their  own  demands  for  the  wines  of 
the  weftern  iflands  had  enhanced  the  price 
of  them  fourfold  within  thirty  years,' befide 
a heavy  excife,  ncceflarily  laid  upon  them, 
it  was  but  reafonable  that  they  fhould  be 
allowed  to  import  the  articles  enumerated 

diredtly 


BERNARD. 


lSl 


diredly  from  Spain,  Portugal,  and  the 
Mediterranean,  the  places  of  their  growth. 
The. agent  was  therefore  indruded  to  apply 
to  Parliament  for  this  liberty  ; and  the  rath- 
er, as  by  the  drid  execution  of  the  orders 
lately  iflued  from  the  board  of  trade  to -the 
naval  commanders,  indulgence  would  no 
longer  be  given,  and  feizures  had  taken 
place,  and  would  probably  be  continued  to 
the  ruin  of  the  merchants. 

The  public  bufinefs  was  interrupted  this 
year  by  the  fpreading  of  the  fmall  pox  in 
the  capital,  which  obliged  the  General  Court 
to  adjourn  to  Cambridge,  and  thence  they 
were  compelled  to  proceed  to  Concord,  by 
the  accidental  burning  of  Harvard-Hall  in 
which  they  held  their  fittings.  This  event, 
the  effeds  of  which  upon  the  repofitories  of 
fcience  are  not  now  to  be  difcerned  by  any 
unfavourable  marks,  was  at  fird  exceedingly 
alarming  to  the  caufe  of  literature.  The 
library  confiding  of  near  five  thoufand  vol- 
umes was  dedroyed,  excepting  a few  books  ; 
and  the  apparatus  faid  to  be  the  bed  furnidi- 
cd  in  America  was  likewife  ruined.  Al- 
though government  had  very  lately  ereded 

Hollis- 


BERNARD. 


Hollis-Hall  at  a great  expenfe,  yet  the  mem- 
bers of  the  General  Court  unanimoufly  vo- 
ted to  rebuild  the  principal  edifice  of  the 
College,  which  had  been  demoliflied  by  an 
accident  refulting  from  the  means  of  their 
accommodation.  A faithful  execution  of 
this  vote,  with  the  liberal  donation  of  indi- 
viduals and  the  application  of  the  friends  of 
the  univerfity  having  fupplied  an  elegant 
building  and  more  than  13,000  volumes, 
leaves  us  nothing  perhaps  now  to  lament 
from  this  cataftrophe. 


BERNARD. 


lS3 


CHAP.  VII. 

Aft  for  raifing  a revenue  in  the  Colonies  paffed 
— Opinions  and  arguments  of  the  oppofite 
parties  on  the  fubjeCt — Objections  of  the 
Houfe  of  Reprefentatives  contained  in  their 
inf  ructions  to  their  Agent — Committee  cho - 
fen  to  write  to  the  AJfemblies  of  the  other 
Colonies — Meafures  reforted  to  by  the  peo- 
ple : ajfociation  for  the  non-confumption  of 
Britifj , and  encouragement  of  their  own , 
manufactures — Governor  repeatedly  pro- 
rogues the  General  Court — Clamours  againf 
him — Petition  of  the  General  Court  to  the 
Houfe  of  Commons . 

Although  the  Britiih  miniftry  poft- 

poned  the  plan  for  raifing  a revenue  from 
the  trade  and  laying  other  duties  in  Ameri- 
ca ; yet  it  was  done  with  relu&ance,  and  in- 
dicated no  defign  of  finally  abandoning  thefe 
meafures  ; as  Mr.  Grenville  declared  his  re- 
folution  to  convince  the  Colonies,  that  they 
were  as  fubjedt  to  an  inland  tax,  as  to  any 
other  impofed  by  the  Legiflature  of  Great- 
Britain.  Accordingly  in  the  fpring  of  this 

year, 

Vol.  II.  U 


1764. 

J.  Hiilhe** 
Letter. 


154 


BERNARD. 


J.  Mauduit’s 
M.S.  Letter. 


year,  he  began  to  execute  his  fcheme  in  Par- 
liament. This  was  not  a difficult  talk,  when 
he  had  once  determined  to  pafs  by  thofe 
great  constitutional  principles,  which  En- 
glishmen had  never  renounced,  and  which 
their  defendants  in  America  had  ftill  ftrong- 
er  motives  to  maintain  at  the  hazard  of  their 
property  and  lives.  Thefe  principles  afide, 
he  could  not  fail  of  fucceeding  in  demon- 
strating to  the  Houfe  of  Commons  fadts,  of 
which  their  burdens  were  the  evidence,  and 
inferring  the  fitnefs  of  drawing  in  to  their 
aid  thofe,  who  were  reprefented  as  overflow- 
ing with  plenty,  unembarraffed  with  taxes, 
and  diflinguifhed  by  unequalled  eafe  and 
happinefs.  He  foon  convinced  them  of  the 
impoverished  ftate  of  their  finances  : that 
belide  all  the  former  load  of  debt,  the  laft 
war  had  created  Seventy  three  millions,  fixty 
three  millions  of  which  were  the  work  of 

•AW 

the  four  laft  years  of  it ; and  in  addition  to 
all  this,  the  Germans  claimed  feven  millions 
of -arrears  : that  the  ftate  of  the  national  in- 
come made  it  indifpenfably  neceflary  that 
every  part  of  the  government  ffiouid  con- 
tribute to  the  utmoft  to  lighten  the  public 
burden  ; and  that  ^he  whole  charge  of  the 
American  governments  being  three  hun- 
dred 


BERNARD. 


dred  and  fifty  thoufand  pounds,  it  was  high- 
ly reafonable  that  they  fhould  fubmit  to  the 
taxes  he  was  about  to  impofe  upon  them. 

The  Houfe  therefore  came  to  feveral  refolu- 
tions  of  the  following  tenor.  That  duties 
be  laid  on  various  enumerated  foreign  arti- 
cles imported  from  any  place  (excepting  in 
fome  cafes  from  Great- Britain)  into  the 
Britifh  Colonies  and  Plantations  in  Ameri- 
ca ; and  a duty  upon  other  articles,  the  pro- 
duce of  the  Colonies,  exported  to  any  other 
place  than  Great-Britain  : that  a duty  of  3^. 
fterling  per  gallon  be  laid  on  molaffes  and 
fyrups  and  an  additional  duty  upon  white 
fugars  of  the  growth  of  any  foreign  Amer- 
ican plantation,  imported  into  the  Britifh 
Colonies  : that  the  produce  of  the  duties  fo 
to  be  laid  be  paid  into  the  Exchequer,  and 
thefe  referved  to  be  from  time  to  time  difpof- 
ed  of  by  Parliament  towards  defraying  the 
neceffary  expenfes  of  defending,  prote&ing, 
and  fecuring  the  Britifh  Colonies  and  Planta-  / 

tions  in  America  : and  that  towards  further 
defraying  the  faid  expenfes  it  might  be  proper 
to  charge  certain  ftamp  duties  in  the  Colo- 
nies. A bill  was  accordingly  brought  in  and 
enacted  for  impofing  the  duties  as  refolved 
upon,  except  as  to  ftamps,  which  was  poft- 

* poned 


BERNARD. 


poned  to  the  next  year,  “ in  complaifance 
to  the  Colonies,  to  give  them  an  opportuni- 
ty to  pafs  it  themfelves,  or  fome  other 
equivalent ; Mr.  Grenville  being  willing,  as 
he  expreffed  himfelf,  to  confult  the  eafe,  the 
quiet,  and  good  will  of  the  Colonies,”  or 
rather  being  defirous  to  make  his  experiment 
j.  Mauduit’s  of  taxing  trade  before  he  ventured  upon  inter- 
M b‘  L^ur'  nal  taxation.  In  this  triumphant  career  of  the 
minifter,  the  voice  of  America  was  filenced, 
by  a rule  of  the  Houfe  of  Commons  not  to 
receive  any  petition  againft  a money  bill. 
This  rule  muft  have  been  founded  on  the 
principle  of  the  people,  who  were  to  pay 
the  tax,  being  prefent  by  their  delegates  in 
Parliament,  and  evidently  proved  the  abfurd- 
ity  of  the  cafe  before  them,  wherein  they 
were  the  only  party  neither  actually  nor  vir- 
tually reprefented.  As  this  a£t  for  raifing 
a revenue  in  America  was  the  great  miftake, 
by  which  the  Colonies  were  loft  to  Great- 
Britain,  it  will  be  worth  the  refearch  to  af- 
certain  the  caufes  from  which  it  arofe. 
Thefe  were  without  doubt  derived  principal- 
ly from  the  preflure  of  the  national  debt  at 
the  conclufion  of  the  war,  and  an  ignorance 
of  the  moft  effectual  mode  of  drawing  the 
aid  of  the  Plantations  to  the  relief  of  the 

mother 


BERNARD. 


mother  country,  or  an  impatience  inconfift- 
ent  with  the  purfuit  of  it ; but  the  interefts 
and  paffions  of  particular  clafles  of  men  and 
of  individuals  were  exceedingly  operative  in 
this  great  event,  as  will  appear  from  a view 
of  the  principles  and  conduct  of  the  aCting 
parties.  The  advocates  for  taxing  America 
may  be  confidered  in  two  divifions,  one  in 
that  country,  and  the  other  in  England. 
Both  agreed  to  eftablifh  the  right  of  Parlia- 
ment to  levy  taxes  ; but  their  views  as  to 
the  mode  of  raifing  and  finally  appropriat- 
ing them  were  different.  The  minifter  was 
defirous  of  receiving  them  through  the  Ex- 
chequer ; the  royal  party  in  America  was 
for  collecting  and  expending  them  here. 
Some  however  were  for  dividing  the  fpoil, 
by  leaving  the  external  taxes  to  the  minifter, 
and  keeping  the  internal  at  home.  Among 
the  friends  of  this  latter  plan  Governor 
Bernard  muft  be  placed.  He  had  been  ob- 
ferving  the  nature  of  the  feveral  govern- 
ments in  the  Colonies  fince  his  refidence  in 
them,  and  this  year  he  collected  his  opin- 
ions into  form  under  the  name  of  principles 
of  law  and  polity.  In  thefe  he  afierted,  that 
the  rule  of  a Britifh  fubject  not  being  bound 
by  laws,  or  being  liable  to  taxes,  except 

what 


i j8  BERNARD. 

what  he  had  confented  to  by  his  repre* 
fentatives,  muft  be  confined  to  the  inhabi- 
tants of  Great-Britain  only,  and  was  not 
ftriCtly  true  even  there  : that  the  Parliament 
of  Great-Britain,  as  well  from  its  rights  of 
fovereignty,  as  from  occafional  exigencies, 
had  a right  to  make  laws  for  and  impofe 
taxes  upon  its  fubjeCts  in  its  external  domin- 
ions, although  they  were  not  reprefented  in 
fuch  Parliament : that  a reprefentation  of 
the  American  Colonies  in  the  imperial  le- 
giflature  was  not  impracticable,  and  was  to 
be  determined  by  expediency  only,  but  was 
not  neceflary  to  eftablifh  the  authority  of 
Parliament  over  them  : that  taxes  fo  im- 
pofed  ought  to  be  applied  to  the  ufe  of  the 
people  from  whom  they  were  raifed  : that 
Parliament  had  a right  to  provide  for  the 
defence,  and  to  take  care  that  provifion  be 
made  for  a fufficient  fupport  of  the  Ameri- 
can government : that  the  port  duties  being 
molt  properly  applicable  to  the  defence  of 
the  Colonies,  the  fupport  of  the  governments 
fhould  be  provided  for  by  internal  duties  : 
that  it  would  be  advifable  to  leave  to  the 
provincial  legiflatures  the  raifing  of  the  in- 
ternal taxes  ; for  if  the  fums  required  were 
fixed,  there  would  be  no  inconvenience  in 

letting 


BERNARD.  159 

letting  them  determine  the  manner  in  which 
they  fhould  be  raifed  : that  the  eftablifh- 
ment  of  an  independent  civil  lift  was  expe- 
dient : that  the  charters  could  not  be  in- 
tended for  perpetuity,  becaufe  they  were  in 
many  things  unconftitutional  and  contrary 
to  the  very  nature  of  a Britiih  government : 
that  America  was  capable  of  a nobility  for 
life  ; . and  that  the  people  at  this  time  ex- 
pected a revifal  and  reformation  of  the 
American  governments,  and  were  better  dif- 
pofed  to  fubmit  to  it,  than  ever  they  were, 
or  perhaps  ever  would  be  again. 

Thefe  outlines  of  the  American  royalifts 
ferve  to  fhew,  that  they  defigned  to  leave 
their  country  nothing  independent  of  the 
will  of  Parliament.  The  fubjeCtion  was  fo 
complete,  as  to  become  incompatible  with 
the  idea  of  virtual  reprefentation  in  the  view 
of  its  projectors  : for  however  fuch  a repre- 
fentation may  exift,  where  the  reprefenta- 
tives,  although  not  eleCted  by  their  princi- 
pals, are  in  the  fame  interefts ; yet  where 
thefe  are  different  and  even  oppofite,  the 
fallacy  of  the  doCtrine  becomes  too  apparent 
for  fupport  in  the  mind  of  the  boldeft  vifion- 
ary.  To  a member  of  the  Houfe  of  Com- 


mons 


i60  BERNARD. 

mons  it  would  become  a temptation  beyond 
refiftance  to  vote  a tax  from  his  own  purfe 
to  the  Americans  : it  was  therefore  a part 
of  this  plan,  that  they  fhould  be  admitted 
to  a reprefentation  in  Parliament,  at  leafl 
until  the  form  of  their  government  was  fet- 
tled ; — a privilege  which  they  contended 
was  impracticable  from  local  caufes,  and 
vyould  be  highly  injurious  to  them  for  vari- 
ous reafons  ; and  which,  on  the  temporary 
plan  fuggefted,  was  only  the  right  of  forg- 
ing their  own  chains. 

The  fimilarity  of  thefe  principles  of  law 
and  polity  to  the  meafures  actually  adopted 
by  the  Britifh  minifter  concurred,  with  oth- 
er circumftances,  to  excite  and  fix  fufpicions 
in  the  minds  of  the  people  of  Mafiachufetts, 
that  the  idea  of  taxing  them  did  not  origi- 
nate in  England  ; and  Governor  Bernard 
began  to  lofe  their  confidence,  which  contin- 
ued to  be  abated,  until  it  was  irretreivably 
gone. 

The  American  idea  of  the  authority  of 
the  mother  country,  and  of  the  moft  expe- 
dient fyftem  of  governing,  was  far  different. 
The  people  held  it  to  be  their  effential  right 

as 


BERNARD.  161 

as  Englishmen,  not  to  be  Subject  to  any  tax, 
but  what  they  had  a voice  in  laying  in  per- 
l'on  or  by  their  representatives  : that  this 
principle  had  been  admitted  in  practice,  by 
the  Colonies  being  allowed  civil  governments 
of  their  own,  who  had  always  voted  Sup- 
plies to  the  King  greater  than  their  propor- 
tion of  the  national  expenfes,  and  were  Sup- 
ported by  their  constituents  : that  their  rep- 
resentatives in  thefe  governments  were  the 
only  proper  judges  of  their  ability  to  grant 
money,  a Britifh  Houfe  of  Commons  being 
at  too  great  a diftance  to  be  well  informed, 
and  too  much  interefted  in  laying  heavy 
burdens  upon  the  Colonies  in  order  to 
lighten  their  own  : that  a representation 
within  the  Colonies  was  the  more  neceflary, 
from  the  peculiar  weight  of  taxes  laid  upon 
them,  on  account  of  their  being  kept  indebt- 
ed in  England  by  the  regulation  of  their 
trade,  to  a greater  amount  than  all  the 
Specie  of  the  country  would  pay  : that  a 
taxation  without  representation,  having  no 
check,  would  leave  them  nothing  their  own  : 
that  the  fyStem  of  internal  taxation  was  not 
the  moft  expedient  fyftem  of  governing  the 
Colonies,  whilSt  Great-Britain  could  obtain 

all 


VOL.  II. 


w 


BERNARD. 


162 

all  which  they  could  yield  without  it : that 
fhe  enjoyed  through  them  an  extenfive 
trade,  by  the  abfolute  and  uncontrollable 
regulation  of  which  fhe  drew  to  herfelf  the 
fruits  of  the  labours  of  many  thoufands, 
without  alienating  their  attachment  to  her  : 
that  fhe  had  the  liberty  of  introducing 
among  them  fuch  Eaft-Indian  and  European 
articles  as  fhe  pleafed,  the  latter  of  which  fhe 
was  able  to  fupply,  without  going  abroad 
for  them  : that  it  was  evident  that  Great- 
Britain  by  thefe  means  drew  every  thing 
from  the  Colonies  which  they  could  fend, 
by  the  courfe  of  exchange,  which  was  con- 
ftantly  rifing,  except  during  a war,  when 
European  goods  were  exchanged  for  foreign 
fugars  and  other  articles,  the  prices  of  which 
were  high  in  Europe  ; and  after  all  great 
fums  remained  due  to  merchants  in  London  : 
that  it  refulted  hence,  that  the  way  to  reap 
ftill  greater  advantages  from  the  Colonies 
was  fo  to  enlarge  their  trade,  as  to  furnifh 
them  with  more  valuable  remittances,  par-’ 
ticularly  to  extend  their  trade  to  the  neutral 
ports  in  the  Weft-Indies  ; for  if  the  Englifh 
iflands  furnifhed  a fufficient  quantity  of 
fugars,  whatever  more  was  procured  would 
be  exported  and  brought  again  home  by  the 

courfe 


BERNARD.  163 

courfe  of  a regulated  importation  of  Britifh 
manufactures  ; and,  on  the  other  hand,  if 
thofe  iflands  ftiould  not  furniffi  a fufficient 
quantity  for  confumption,  the  price  that 
would  be  paid  for  the  deficiency,  during  the 
prefent  reftraint,  would  much  leflen  the 
amount  of  remittances  to  England.  Even 
money  fent  to  the  French  iflands  could  be 
no  injury  to  the  nation,  fince  by  purchafing 
their  produce  at  firft  hand,  the  Colonifts 
would  acquire  all  the  profits  of  tranfporting 
it  to  foreign  ports  : But  not  permitting  them 
to  exchange  for  Weft-India  produce  that 
lumber,  which  mull  otherwife  be  burnt,  was 
highly  abfurd.  Could  a good  reafon  be  grw 
en  why  they  fhould  not  change  their  affies 
into  fugar  ? Perhaps  allowing  them  to  bring 
wines,  fubjeCt  to  a duty,  direCtly  from  Spain 
and  Portugal  would  be  politic,  in  the  view 
of  increafing  their  means  of  remittances : 
that  as  in  Europe  it  was  efteemed  wife  for 
Great-Britain  to  take  off  French  wines  in. 
return  for  beef  and  bread,  by  which  means 
France  in  time  of  war  was  put  to  the  greatefl: 
difficulty  in  victualling  her  fleets  and  armies, 
fo  the  Colonies  producing  thofe  articles 
ought  to  be  encouraged  as  the  firmeft  fup- 
port  of  her  empire  in  America,  becaufe  the 

French 


164 


BERNARD. 


French  and  Spaniards,  depending  on  them 
for  provifions,  were  driven  to  the  greateft 
diftrefs  in  war,  and  were  forced  for  a fcanty 
fupply  to  furrender  their  wealth  ; and  there- 
fore that  no  opening  of  trade  between  the 
Colonies  ought  to  be  difcouraged,  as  this 
advantage  was  ever  on  the  fide  of  Great- 
Britain  : that  fhe  having  it  thus  in  her 

power  to  draw  all  the  wealth,  which  her 
Colonifts  could  accumulate,  by  a regulation 
of  their  trade,  to  attempt  to  get  more  by  in- 
ternal taxation  would  be  like  felling  the  tree 
to  gather  the  fruit. 

Nor  was  external  taxation  conceded  to  the 
Parliament  by  all.  A diftindion  was  made 
between  it  as  a regulation  of  trade,  and  as  a 
fource  of  revenue  ; for  fufficient  imports 
might  be  invented  to  colled:  all  the  circulat- 
ing money  of  the  Colonies.  Mr.  Hutchin- 
fon  appeared  to  be  impreffed  with  this  opin- 
ion, and  indeed  to  think  that  the  authority 
of  Parliament  to  raife  a revenue  in  America 
ought  to  be  acquiefced  in  rather  on  the 
ground  of  expediency  than  right.  In  a let- 
ter to  Air.  Bollan  he  obferved,  “ If  the  Par- 
liament begin  with  internal  taxes,  I know 
not  where  any  line  can  be  drawn.  If  it  be 

faid 


BERNARD. 

faid  that  there  is  none  but  their  difcreiion, 
we  are  in  danger  of  unequal  diftreffing  bur- 
dens, which  finally  mull  ailed:  the  nation 
as  much  as  the  Colonies  themfelves.”  And 
in  writing  to  another  friend,  when  fpeaking 
of  the  diftindion  between  duties  on  trade 
and  internal  taxation,  he  obferved,  “ that 
this  diftindion  agrees  with  the  opinion  of 
the  people  in  England,  and  with  the  opin- 
ion of  moil  people  here.  Mr.  Bernard  is 
full  with  you  in  it.  I think  it  imprudent  to 
oppofe  it,  and  therefore  am  filent,  but  it  is  for 
this  reafon  only.  I am  for  faving  as  much 
of  our  privileges  as  we  can  : and  if  the  peo- 
ple of  England  make  this  diftindion,  I think 
it  tends  to  ftrengthen  us  in  our  claim  to  ex- 
emption from  internal  taxes.  Really  there 
is  no  difference,  and  the  fallacy  of  the  argu- 
ment lies  here.  It  is  fuppoling  duties  upon 
trade  to  be  impofed  for  the  fake  of  regulat- 
ing it,  whereas  the  profeffed  defign  of  the 
duties  by  the  late  ad:  is  to  raife  a revenue. 
Can  it  poffibly  caufe  any  difference  to  the 
fuhjed  to  impofe  a duty  to  be  paid  as  an 
impoft,  or  to  impofe  a duty  of  excife  to  be 
paid  by  the  licenfed  inland  vender  ? The  con- 
fumer  pays  juft  the  fame  in  the  one  cafe  as 
the  other ; and  the  rights  of  the  people  are 

alike 


165 


Hb  copy  of 
a M.  S.  Let- 
ter, Nov.  7, 
1764. 


BERNARD. 


alike  affeCted  ia  both  cafes.  If  they  would 
flop  where  they  are,  I would  not  difpute 
their  aiftinCtion  with  them,  but  if  they  in- 
tend to  go  on,  there  will  be  a neceffity  of 
doing  it,  for  they  may  find  duties  on  trade 
enough  to  drain  us  fo  thoroughly,  that  it  will 
not  be  poffible  to  pay  internal  taxes  as  a 
revenue  to  them,  or  even  to  fupport  govern- 
ment within  ourfelves.”  It  alfo  appears  that 

Hutchinfon’s  Mr.  Hutchinfon  drew  up  a ftate  of  the  claims 

M-  S.  letter-  . . 

took,  of  the  Colonies  and  the  mtereit  of  the  nation 
with  refpeCt  to  them,  and  tranfmitted  it  to 
his  correfpondent  in  England,  with  a view  of 
lerving  their  caufe  in  fome  publication  there, 
but  with  exprefs  injunctions,  that  whatever 
was  done,  it  fhould  not  be  fuffered  to  be 
known  that  the  work  came  from  him. 

As  to  the  aCtual  exercife  of  the  right  of 
taxation  on  the  Colonies  by  the  Parliament, 
precedents  feem  to  have  been  made  only  in 
the  following  instances.  An  aCt  of  25th 
Charles  II.  c.  7.  impofed  a duty  on  enumer- 
ated aricles.  A tax  was  laid  upon  mariners, 
and  deducted  from  their  monthly  wages  ; 
which  was  finally  appropriated  to  the  fup- 
port of  fuch,  as  became  the  fubjeCts  of  Green- 
wich HofpitaJ.  The  General  PofUOffice 

was 


BERNARD-  167 

was  eftablifhed  alfo  by  an  ad  of  Parliament ; 
and  laftly  the  fugar  ad,  which  had  been  fo 
long  fufpended,  and  was  now  formed  on  a 
new  model,  and  about  to  be  put  into  opera- 
tion as  an  introductory  ftep  to  a fyftem  of 
revenue.  The  advocates  for  the  Colonies 
contended  that  the  ad  of  Charles  II.  being 
paffed  in  an  arbitrary  reign,  whence  prece- 
dents relating  to  the  rights  of  the  people  could 
not  be  fairly  adduced,  ought  rather  to  be  con- 
fidered  as  an  exercife  of  power  than  of  ac- 
knowledged law.  The  two  next  inftances, 
they  alleged,  were  done  for  the  immediate 
advantage  of  the  trade  of  the  country,  and 
the  fugar  ad  was  rather  prohibitory  than 
for  the  purpofe  of  taxation. 

In  this  unfettled  ftate  of  rights  and  opin- 
ions the  Parliament  paffed  the  law  for  grant- 
ing certain  duties  in  the  Britifh  Colonies  and 
Plantations  in  America  ; and  the  minifter, 
forefeeing  its  unpopularity  there,  inferted  a 
claufe  to  fecure  its  execution,  which  proved 
to  be  as  objedionable  refpeding  the  rights 
of  Americans,  as  its  general  principles. 

Penalties  for  the  breach  of  this  ad,  or  any 
other  relating  to  the  trade  and  revenues  of 
the  Britifh  Colonies,  incurred  in  America, 


were 


1 68 


BERNAR  D; 


were  made  recoverable  in  any  Court  of 
Record  or  in  any  Court  of  Admiralty  in  the 
Colony,  where  the  offence  fhould  be  com- 
mitted, or  in  any  Court  of  Vice-Admiralty, 
which  might  be  appointed  over  all  America, 
at  the  election  of  the  informer  or  profecutor. 
Thus  a trial  by  jury  might  be  taken  away, 
and  a defendant  might  be  forced  from  one 
end  of  the  continent  to  another,  to  fupport 
his  claim  in  a Court  of  Vice- Admiralty  at 
an  expenfe  perhaps  beyond  the  value  of  the 
property  in  queftion.  And  after  all,  the 
a provided  that  he  fhould  recover  neither 
cofts  nor  damages,  if  the  Judge  fhould  cer- 
tify that  there  was  probable  caufe  of  feizure. 

The  murmurs  and  difcontents  of  the  laffc 
year,  excited  bythe  enforcing  of  the  laws  of 
trade,  were  increafed  by  the  prefent  a£t ; 
and  feveral  feizures  to  the  amount  of  about 
^3000  fterling,  one  third  of  which  was  ap- 
propriated to  the  Governor,  heightened  the 
animofities  which  had  been  raifed  againft  him. 
The  influence,  which  had  preferved  caution, 
and  fometimes  a filence,  in  the  General 
Court,  was  now  broken.  When  they  met 
at  their  firft  feflion,  after  declining  to  enlarge 
the  eftablifhment  of  two  companies,  raifed 

for 


BERNARD.  1 6<) 

for  the  defence  of  the  eaftern  country*  the 
Houfe  of  Reprefentatives  drew  up  in  decided 
and  pointed  language  a letter  of  inftrudions  to 
Mr.  Mauduit,  the  agent  for  the  whole  aifem- 
bly  in  England.  This  was  founded  on  fev- 
eral  letters  from  him,  in  which  he  had  mif~ 
conftrued  their  filenee  upon  the  bufinefs  of 
the  tax  on  mclaffes,  and  even  the  quartering 
of  10,000  troops  in  the  Colonies,  into  an 
alien  t to  thole  meafures.  In  this  they  ob- 
l'erved,  that  volumes  had  been  tranfmitted 
from  the  Province  in  relation  to  the  fugar 
ad,  to  little  purpofe  : if  a Weft-Indian  or 
any  other  bye  influence  was  to  govern  and 
fuperfede  their  moll  effential  rights  as  Britifh 
fubjeds,  what  wmuld  it  avail  them  to  make 
remonftrances,  or  the  moll  demonljrable 
reprefentations  of  their  rights  and  privileges  ? 
that  the  hidden  palling  of  the  fugar  ad, 
and  continuing  a heavy  duty  on  that  branch 
of  their  commerce,  they  thought  was  far 
from  proving,  that  any  folid  foundation  ex- 
ifted  for  a hope  which  he  had  exprefled,  that 
a general  difpofition  would  be  found  to  ferve 
the  Colonies  and  not  to  diftrefs  them  : that 
no  agent  of  the  Province  had  power  to  make 
exprefs  conceflions  in  any  cafe  without  ex- 

prefs 


VOL.  II. 


X 


prefs  orders  ; and  that  the  filence  of  the 
Province  fhould  have  been  imputed  to  any 
caufe,  even  to  defpair,  rather  than  to  have 
been  conftrued  into  a tacit  ceffion  of  their 
rights,  or  an  acknowledgment  of  a right  in 
the  Parliament  of  Great-Britain  to  impofe 
duties  and  taxes  upon  a people,  who  are 
not  reprefented  in  the  Houfe  of  Commons : 
that  they  wrere  Hill  more  furprifed  at  his 
letter  refpe£ting  the  quartering  of  an  army 
on  the  Colonies.  We  conceive,  faid  they, 
nothing  could  reftrain  your  liberty  of  oppof- 
ing  fo  burdenfome  a fcheme.  What  merit 
could  there  be  in  a fubmiffion  to  fo  uncon- 
ftitutional  a meafure  ? It  is  time  enough  for 
us  to  make  a virtue  of  neceffity,  when  we  are 
obliged  to  fubmit  to  fo  unreafonable  an  eftab- 
lifhment.  Is  there  any  thing  in  your  power 
of  agency,  or  in  the  nature  of  the  office, 
that  can  warrant  a conceffion  of  this  kind  ? 
moft  certainly  there  is  not.  We  are  ex- 
tremely obliged  to  Mr.  Grenville,  “ for  his 
kindeft  expreffions  of  regard  to  the  Colo- 
nies.” But  we  cannot  conceive  it  any  vaft 
favour  that  he  will  not  think  of  “ any  thing 
from  America  for  the  relief  of  Great-Britain.” 
Nor  can  we  conceive  it  to  be  exactly  agree- 
able to  equity  and  juftice  that  America 

“ ffiould 


BERNARD, 


171 


“ fliould  be  at  the  whole  charge  of  its  gov- 
ernment and  defence.” 

“ The  northern  Colonies  have,  during  the 
late  war,  exerted  themfelves  in  full  propor- 
tion to  Great-Britain.  This  Province  in 
particular  had  in  one  campaign  on  foot  feven 
thoufand  troops.  This  was  a greater  levy 
for  a fingle  Province,  than  the  three  king- 
doms had  made  collectively  in  any  one  year 
fince  the  revolution.” 

They  obferved  that  the  Colonies  had  de- 
fended themfelves  for  more  than  a century 
againft  the  French  and  Indians,  with  very 
little  affiftance  from  England  ; and  were  flill 
obliged  to  keep  up  many  large  military  eftab- 
lifhments.  In  this  fituation  how  grievous 
muft  it  appear,  that  their  mother  country 
fhould  cut  off  their  refources,  and  oblige 
them  to  pay  fuch  heavy  taxes  for  fupport  of 
regular  forces  out  of  their  Qwn  Colony. 
And  granting,  laid  they,  that  the  time  may 
come,  which  we  hope  is  far  off,  when  the 
Britifh  Parliament  fhall  think  fit  to  oblige  the 
North-Americans,  not  only  to  maintain  civil 
government  among  themfelves,  for  this  they 
have  already  done,  but  to  fupport  an  army 

to 


IJ2 


BERNARD. 


to  protect  them  ; can  it  be  poflible  that  the 
duties  to  be  impofed,  and  the  taxes  to  be 
levied,  fhall  be  affefTed  without  the  voice  or 
confent  of  one  American  in  Parliament  ? If 
all  the  Colonifts  are  to  be  taxed  at  pleafure 
without  any  reprefentative  in  Parliament, 
what  will  there  be  to  diftinguifh  them  in 
point  of  liberty  from  the  fubjedts  of  the  mo  ft 
abfolute  prince  ? For  befides  maintaining  in- 
ternal provincial  civil  government,  among 
themfelves,  they  mull  pay  towards  the  fup- 
port  of  the  national  civil  and  military  gov- 
ernments in  Great-Britain.  Now  it  is  con- 
ceived that  no  people  on  earth  are  doubly 
taxed  for  the  fupport  of  government. 

“ If  it  fhould  be  faid  that  the  late  acqui- 
fitions  in  Canada  are  beneficial  to  the  trade 
of  the  Colonies,  it  is  certain  that  thefe  con- 
quefts  will  add  to  the  commerce  of  Great- 
Britain,  but  is  not  of  any  particular  advan- 
tage to  that  of  the  Colonies.  We  reap  noth- 
ing from  thefe  conquefts  of  his  Majefty’s 
arms,  to  which  we  have  contributed  fo  much, 
but  what  is  common  to  all  his  Majeftv's  loyal 
fubjedls,  except  a more  immediate  fecurity 
arifing  from  a power  equally  hoftile,  though 
not  equally  dangerous  to  all  parts  of  his 

Majefty’s 


BERNARD. 

Majefty’s  dominions,  being  depreffed,  and 
made  to  afk  their  peace  of  his  Majefty’s 
goodnefs.” 

*> 

They  complained  of  the  rapid  manner  in 
which  refolutions  were  pafled  into  a£ts  of 
Parliament.  This  was  done  before  they 
could  receive  information  of  their  exifting. 
Every  charter  privilege,  they  obferved,  might 
be  taken  from  the  Colonies  by  an  appendix  to 
a money  bill,  which  it  feems,  by  the  rules  on 
the  other  fide  of  the  water,  mu  ft  not  at  any 
rate  be  petitioned  againft.  To  what  purpofe 
would  an  oppofition  to  any  refolutions  of 
the  miniftry  be,  if  they  were  pafled  with 
fuch  rapidity,  as  to  render  it  impoflible  for 
the  Colonies  to  be  apprized  of  them  before 
they  received  the  fanction  of  an  a£t  of  Par- 
liament ? 

As  to  the  deferring  of  the  (lamp  a they 
obferved,  that  the  offer  of  fufpending  it  in 
the  manner  and  upon  the  condition  men- 
tioned amounted  to  no  more  than  this,  that 
if  the  Colonies  would  not  tax  themfelves  as 
they  might  be  directed,  the  Parliament 
would  tax  them. 


The 


m 


BERNARD. 


The  fixing  the  duty  on  molafles  at  three 
pence  per  gallon  feemed  to  them  repugnant 
to  the  affurances  given  from  the  miniftry, 
that  the  Colonies  were  not  to  be  taxed  for 
the  fupport  of  the  government  at  home ; 
for  if  America  were  to  be  taxed  for  her  own 
government  and  more  immediate  protection 
only,  and  two  pence  might  yield  enough  for 
that,  to  what  purpofe  would  it  be  to  lay 
three  pence  ? and  the  duty,  in  all  good  pol- 
icy, fhould  have  been  low  at  firft,  if  it  was 
right  to  lay  any,  and  it  might  have  been  in- 
creafed  by  degrees  as  it  would  bear.  But 
the  bufinefs,  if  it  would  bear  any  thing, 
would  admit  only  of  a light  duty. 

They  obferved  that  Ireland  was  a conquer- 
ed country,  which  was  not  the  cafe  with  the 
northern  Colonies,  except  Canada  ; yet  no 
duties  had  been  levied  by  the  Britifh  Parlia- 
ment on  Ireland.  No  internal  nor  external 
taxes  had  been  affefied  upon  them  but  by 
their  own  Parliament,  although  many  pro- 
hibitions had  been  made  : that  the  laying  of 
thefe  on  dominions  not  reprefented  in  Par- 
liament fhould  be  exercifed  with  great  mod- 
eration, but  that  this  had  better  be  exercifed 
with  the  utmoft  rigour  than  the  power  of 

taxing : 


taxing  : for  that  this  laft  was  the  grand  bar- 
rier of  Britifh  liberty  ; which  if  once  broken 
down,  all  was  loft  : that,  in  a word,  a peo- 
ple might  be  free  and  tolerably  happy  with- 
out a particular  branch  of  trade,  but  without 
the  privilege  of  aflefling  their  own  taxes, 
they  could  be  neither. 

Thefe  inftruftions  were  accompanied  with 
a brief  ftate  of  the  rights  of  the  Colonies,  and 
were  ordered  to  be  entered  on  the  journals. 
The  Houfe  then  made  choice  of  a committee 
to  fit  in  the  recefs  of  the  Court,  and  write  to 
the  other  governments,  to  acquaint  them 
with  thefe  inftruftions,  and  to  defire  the  fev- 
eral  Affemblies  on  the  continent  to  join  with 
them  in  the  fame  meafures  for  obtaining  a 
repeal  of  the  fugar  aft,  and  preventing  a 
ftamp  aft,  or  any  other  impofitions  and 
taxes,  upon  this  and  the  other  American 
Provinces. 

The  refolutions  adopted  by  the  Houfe  of 
Reprefentatives  at  the  prefent  feflion,  and 
particularly  that  which  invited  the  other  Col- 
onies to  affociate  in  their  oppofition  to  the 
minifterial  fyftem  of  revenue,  conftituted  an 
important  leading  meafure  in  the  revolution 

©f 


176 


BERNARD. 


of  the  country.  It  was  a declaration  of 
rights,  and  a proclamation  of  political  war 
between  the  patriots  and  the  friends  of  the 
Britifh  government  in  Maffachufetts.  The 
bold  and  oppreffive  ad  of  Parliament,  which 
was  about  to  come  into  force,  and  the  (till 
more  oppreffive  and  impolitic  fcheme  of  the 
threatened  llamp  ad,  prepared  the  minds  of 
the  merchants  at  firft,  and  afterwards  of  the 
inland  inhabitants  for  the  unequivocal  oppo- 
fition  which  was  to  be  expeded  to  parlia- 
mentary authority.  Yet  this  oppofition  was 
not  fo  ripened,  as  to  enable  the  patriotic  party 
to  gain  fuch  a victory  by  the  mere  ftrength 
of  their  fuperiority  in  numbers.  Addrefs 
was  found  to  be  neceffary  in  the  defence,  as 
it  had  been  frequently  ufed  in  the  attack  upon 
the  rights  of  the  Colonifts ; and  the  advantage 
of  opportunity  perhaps  gave  them  their  af- 
cendency  at  this  jundure.  The  inftrudions 
•were  pafled  at  the  laft  day  but  one  of  the 
feffion  : and  the  management  of  Mr.  Hutch- 
infon  was  evaded  by  his  previoufly  going 
upon  the  circuits,  accompanied  by  fome  of 
the  members  of  the  fame  opinions  with  him- 
felf,  whilft  others  had  withdrawn  to  their 
feveral  towns.  He  was  undoubtedly  much 
chagrined  by  the  furprife,  and  confidered  it 

as 


BERNARD. 


1 77 


as  connected  with  his  lofs  of  the  agency;  m. s. letter, 
fince  he  afferted,  that  had  he  been  chofen,  book* 
very  few  members  would  have  defired  to 
clog  him  with  inftruCtions  fo  ineonfiftent 
with  his  own  fentiments.  But  his  hope  of 
the  agency  had  now  vanifhed,  not  only  from 
the  complexion  of  the  Houfe  of  Reprefen- 
tatives,  but  from  a denial  of  his  requeft  to 
the  King  for  leave  of  abfence  from  the  Prov- 
ince. The  evil  of  his  defeat  therefore,  con- 
filled  in  the  lofs  of  that  general  influence  and 
fuccefs,  which  it  was  neceffary  for  him  to 
preferve,  in  reality  or  in  appearance,  for 
other  purpofes  of  ftill  more  magnitude, 
which,  it  is  highly  probable,  he  now  began 
to  contemplate.  He  accordingly  reprobated 
this  ftep,  fo  rafh  in  his  view,  particularly  the 
madnefs,  as  he  termed  it,  of  inferting  the  in* 
ftruCtions  on  the  journals  of  the  Houfe,  and 
directed  his  whole  policy  to  counteracting 
its  effeCts. 

Governor  Bernard  probably  forefaw  that 
the  moft  refpeCtable  oppofition  to  the  min- 
iftry  might  arife  from  the  General  Court ; 
and  it  was  his  plan  to  draw  their  attention 
from  the  obnoxious  proceedings  of  Parlia- 
ment, 

Vol.  ii.  Y 


X 


BERNARD. 

ment,  whilft  they  were  fitting,  and  to  pre- 
ferve  every  appearance  of  reafon  for  omit- 
ting to  call  them  together  again,  until  as  fair 
a chance  as  poflible  could  be  given  to  the 
operation  of  the  a£t  for  railing  a revenue  in 
the  Colonies.  Accordingly  when  he  opened 
this  feflion,  he  fpoke  only  of  the  condition 
of  the  eaftern  country,  and  afterwards  gave 
a minute  ftatement  of  the  numbers  and  force 
of  the  feveral  Indian  tribes,  and  recommend- 
ed a conference  with  them.  This,  if  agreed 
to,  would  have  made  it  neceffary  for  him  to 
have  been  in  that  part  of  the  Province,  and 
to  have  delayed  calling  the  General  Court 
together  for  fome  confiderable  time.  But 
the  Houfe  avoided  this  plan,  by  alluring  the 
Governor  of  their  moll  grateful  fenfe  of  that 
fincere  regard  to  the  intereft  of  the  Province, 
which  his  Excellency  had  exprefled  ; but 
that,  with  all  due  fubmiffion,  they  did  not 
apprehend  thofe  Indians  to  be  formidable 
enough  to  occafion  any  apprehenfion  of  dan- 
ger from  their  irruptions  ; and  as  their  dif- 
pofitions  appeared  pacific,  and  fuch  a con- 
ference would. create  fo  great  an  expenfe,  as, 
in  the  prefent  ftate  of  the  Province,  would 
be  very  inconvenient,  they  did  not  think  it 
necefiary  or  expedient  to  make  provilion  for 

it. 


BERNARD. 


179 


it.  This  determination  of  the  Houfe  put 
the  Governor  upon  the  expedient  of  effect- 
ing the  neceflary  delay  by  making  a vifit  to 
the  ifland  of  Mount-Defert,  which  had  been 
granted  to  him  by  the  General  Court. 

The  Houfe  of  Reprefentatives  having  fin- 
ifhed  the  bufinefs  of  inftruftions  to  the  agent, 
referred  the  confideration  of  choofing  a per- 
fon  to  be  joined  with  Mr.  Mauduit  until  the 
next  fitting  ; and  the  General  Aflembly  was 
the  next  day  prorogued  to  the  25th  of  July, 
without  any  obfervations  of  cenfure  or  praife 
from  the  Governor. 

In  the  recefs  a full  opportunity  was  given 
for  the  meafures  of  Parliament  to  operate 
upon  the  public  mind. 

No  people  were  better  inftru&ed  in  the 
nature  of  their  rights  than  thofe  of  Mafla- 
chufetts.  The  nation,  from  which  they  de- 
fended, flood  diftinguiflied  in  Europe  for 
its  exemption  from  many  reftraints  upon 
liberty,  which  the  others  continued  to  en- 
dure. Its  laws  had  been  gradually  difen- 
tangled  from  moft  of  the  galling  fetters  im- 
pofed  by  feudal  tenures,  whilft  they  refilled 

with 


June  1 s> 


BERNARD. 


i8o 


m v ■ * 

'with  confiderable  effedt  the  principles  of  the 

Roman  code.  Commerce  had  ameliorated 
the.  faftidious  pride  of  the  military  fpirit ; 
and  indultrious  enterprize  raifed  herfelf  by 
the  fide  of  national  glory.  Her  foundation 
was  freedom,  and  her  fuccefs  depended  upon 
an  unremitting  vigilance  and  decided  fup- 
preffion  of  tyranny.  Emanating  from  fuch 
enlightened  policy,  and  partaking  of  all  its 
rapid  fubfequent  improvements,  the  Britifh 
Colonifts  may  be  faid  to  have  been  inftrudted 
in  the  wifeft  age,  and  in  the  moft  perfect 
political  principles  which  the  world  had 
known.  Their  emigration,  taken  in  all 
its  circumftances,  was  without  precedent. 
It  confequently  produced  new  cafes,  found- 
ed on  unfettled  principles,  at  every  ftage  of 
its  advancement.  In  the  beginning  they 
were  confidered  as  no  part  of  the  realm,  in 
the  view  of  the  conftitution  ; and  held  their 
charters  of  the  King  as  his  liege  fubjedts. 
When  the  Parliament  participated  of  the 
fovereignty,  the  Colonies,  becoming  the 
dominions  of  the  realm,  were  made  liable  to 
its  laws.  Thefe  were  acknowledged,  until 
they  were  grounded  on  the  violation  of  that 
great  maxim  of  Britifh  freedom,  that  taxa- 
tion and  reprefentation  were  correlative. 

' We 


We  have  feen  with  what  expertnefs,  under- 
ftanding,  and  fortitude  the  people  of  Maffa- 
chufetts  managed  thefe  queftions  in  defence 
of  their  charter,  and  the  various  incidental 
difputes,  which  took  place  with  their  Gov- 
ernors, and,  in  fome  inftances,  with  the 
Council.  To  their  information  upon  con- 
ftitutional  points,  and  acutenefs  in  contro- 
verfy,  their  local  fituation  compelled  them 
to  add  the  ftridtefl:  frugality  in  the  expendi- 
ture of  public  money.  Rich  in  freedom  and 
ftrong  by  induftry,  they  were  compelled  by 
a reludfant  foil  to  the  unremitting  exercife 
of  the  one  in  order  to  preferve  the  other. 
From  wealth  they  could  receive  little  affift- 
ance : trade,  which  regulates  the  current  of 
money,  was  carried  on  at  the  will  of  the 
parent  country  ; and  fhe  reftridted  the  ex- 
tent of  it  by  the  fupplies  of  her  manufac- 
tures, which  her  accommodation  might  didtate 
to  be  fent  to  the  Colonies.  In  the  chance 
of  a war,  invitations  arofe  for  greater  com- 
mercial enterprize ; but  the  gains  were  dearly 
purchafed  with  the  introdudtion  of  luxury, 
which  by  increafing  the  artificial  wants  of 
the  inhabitants,  left  the  balance  againft  the 
country  on  the  whole.  To  a people  thus 
fituated  a tax  was  inftantly  and  univerfally 

felt. 


« 


182 


* 

'4 


* * & 


BERNARD. 


.1 


felt.  It  was  a demand  for  the  food  and  the 
raiment  of  the  poor  : it  pervaded  the  recedes 
of  frugal  contentment:  it  awakened  the 
jealoufy  of  inquifitive  fpeculation  : it  roufed 
the  anger  of  liberty. 


i 


Thefe  peculiarities  in  the  circumftances 
and  character  of  the  inhabitants  of  Maffa- 
chufetts  dilated  the  mode  of  refilling  the 
impending  i'yftem  of  revenue  and  taxation 


JL  * 


of  the  Parliament  of  Great-Britain. 


Recourfe  to  arms  was  not  meditated.  A 

W (x  Ak 

"retrenchment  in  the  ufe  of  foreign  articles, 

. efpecialiy  at  funerals,  the  encouragement  of 
their  own  manufactures,  and  the  confequent 
reduction  of  importations  from  England, 


were  the  expedients  reforte d to.  This  was 
to  advance  their  own  country  at  the  expenfe 
of  a powerful  intereft  in  the  parent  ftate, 
which,  might  influence  the  miniftry  to  re- 
confider  and  repeal  their  aCts.  Nor  was 
the  ftate  of  American  manufactures  unpro- 
pitious  to  fuch  meafures.  The  fmelting  of 
‘iron  ore  had  been  brought  to  fuch  perfec- 
tion, as  greatly  to  check  the  importation  of 
it  from  foreign  countries.  Pot-afh  had  be- 
come a confiderable  article  of  exportation  : 

A * 

and 


B E R N-A  R D.  'V  * , 

. v % v v 

andf  the  making  of  cdarfe  woollens  had  lb  4 

prevailed  as  to  afford  effential  aid  in  clothing!" 
Affociations  for  encouraging  thefe  objects|^v 
were  commenced  and  afterwards  generally  .. 
agreed  upon  ; whilft  a band  of  literary  pat->^A’^,; 
riots  martialled  themfelves  round  the  ftand^*  v* 
ard  of  liberty,  and  boldly  defended  it  by  ar- 
guments drawn  from  the  found  principles 
of  the  Britifh  conftitution  and  provincial 


charters. 


j 


* 


The  Governor  purfued  his  .plan  of  pifo- 
craftinating  the  feffion  of  the  General  Court. 

He  prorogued  it  by  three  feveral  proclama-  & * •' 


tions  until  the  1 8th  of  0£tober,  by  which 
time  the  clamor  had  become  violent.  He  - 
was  charged  with  difabling  the  people  in 
their  attempts  to  defend  their  rights  through  * 
the  General  Court;  and  as  public  letters 
were  known  to  have  been  received  from 
their  agent,  it  was  fuggefted  that  he  availed 
himfelf  of  the  recefs  to  anticipate  an  anfwer 
to  the  minifter  before  they  fhould  be  con- 
fidered  by  the  Affembly  ; and  that  it  would 
be  foon  demonftrated  that  he  was  the  author  * 
of  the  nefarious  fcheme  of  taxation.  Even 


♦ 

< > * 


the  manner  in  which  the  ifland  of  Mount- 
Defert  was  obtained  was  held  up  to  view, 

Apce,<,£ 


# ,r; 

j **  c 


the  dela7  which  had 
taken  place,  the  Governor  in  his  fpeech  re- 
*V*V  K&^ndedj^e  members  gf  the  General  Com#,* 
that  he  had  called  them  together  earlier 
t^^ne'liad  e^preffed  his  intention  to  have 
-th^ormer  feffiqn,  as  fevqral  gentle- 
men of  both  Houfes  had  fignified  to  him 
ff  *n  ■ • • w - ^o,  t ° *• 

4t  their  apprehenfions  that  feme  further  pro- 


fmce  it  nowferved  fora  pretext  to  poftpone 
the  proper  means  of  defending  the  rights  of 
the  Province  which  granted  it. 


4k 

Wii 


Y.Uff 

-■  *r». 

>**  - 

» *7 


> * 

* rr  Jp; 


5*. 


* 


* 

* 


vifions  were  necefiary  for  the  maintaining 
of;  the  territorial  rights  and  commercial  in- 
terefts  of  the  Province  : that  lie  fhould  leave 
them  to  their  own  deliberations,  fince  he 
might  be  thought  not  impartial  and  inde- 
pendent enough  to  be  their  counfellor  ; and 
recommended  unity,  prudence,  and  modera- 
tion. 


June. 


When  the 


comtaittee 
for  corref- 
ponding 
■with  the 
agent  was 
chofen. 


The  members  of  the  Houfe  juftiy  repre- 
fented  the  interefts  and  feelings  of  their  con- 
ftituents.  After  referring  over  bufinefs  of 
a private  nature,  they  applied  themfelves  to 
the  drawing  of  an  addrefs  to  the  King  upon 
the  fubjed  of  the  late  ad  of  Parliament. 
The  tenor  of  this  was  wholly  incompatible 
• with 


BERNARD.  1S5 

with  the  ideas  of  Mr.  Hutchinfon  and  his 
party  ; who  therefore  made  a firm  opposi- 
tion to  it  in  the  Council.  This  produced 
a conference,  at  which  he  was  firft  manager 
on  their  part ; and  afterwards  a committee 
of  both  Houfes,  in  which  he  exerted  all  his 
talents  to  defeat  the  addrefs  to  the  King, 
and  finally  converted  it  into  a petition  to 
the  Houfe  of  Commons,  clothed  in  language 
which  the  haughtied  burgefs  in  England 
might  have  deigned  to  hear,  and  Supplicating 
a continuance  of  the  privileges  which  the 
Colony  had  enjoyed  as  a matter  of  mere 
grace  and  favour.  The  objections  to  the 
revenue  law  were  coldly  dated  on  the 
ground  of  injury  to  the  fifheries,  and  a con- 
sequent reduction  of  the  means  of  paying 
for  Britifh  manufactures  ; and  the  arguments 
againd  the  future  damp  aCt  were  drawn 
from  the  inconvenience  that  would  refult 
from  draining  the  Colonies  of  money,  which 
mud  conduce  to  the  fame  evil : and  fo,  up- 
on the  whole,  that  Great-Britain  would  lofe 
more  from  the  diminution  of  her  manufac- 
tures, than  all  the  fums  which  it  was  pofli- 
ble  for  the  Colonies  thus  to  pay  could  coun- 
tervail. In  Short,  the  ideas  of  this  petition 

appeared 


Vol.  11. 


Z 


appeared  to  follow  exactly  the  dictates  of 
the  agent ; and  it  concluded  with  a prayer 
that  time  might  be  granted,  in  order  that 
the  petitioners  in  conjunction  with  the  other 
governments  might  have  opportunity  to 
make  a more  full  reprefentation  of  the  ftate 
and  condition  of  the  Colonies,  and  the  in- 
tereft  of  Great-Britain  with  regard  to  them. 
Nothing  was  faid  of  the  right  of  Parliament 
to  impofe  the  tax,  nor  of  the  difpofition  of 
the  Colonifts  to  avoid  the  operation  of  it. 

During  the  debates  upon  this  lubjeCt,  the 
Governor  communicated  a letter  from  the 
Earl  of  Halifax,  fignifying  the  King’s  dif- 
pleafure  at  the  conduCt  of  the  Aflemblies  in 
New-England,  in  refufing  or  delaying  to 
• comply  with  General  Gage’s  requifition  for 
men.  The  Houfe  referred  the  confideration 
of  this  to  the  next  feflion  ; and  the  peace, 
which  was  foon  after  concluded  with 
the  Indians,  made  this  communication  of 
no  further  importance,  than  the  influence 
which  it  might  have  had  upon  the  members 
at  this  critical  juncture  ; and  raifing  a new 
argument  from  the  backward nefs  of  the 
Houfe  to  aCt  conclufively  upon  it,  in  favour 
of  his  Majefly’s  eftablifhing  a ftanding  force 

within 


BERNARD. 


i*7 


within  the  Colonies  for  defending  them  at 
their  own  expenfe.  But  the  petition  is 
fairly  to  be  attributed  to  Mr.  Hutchinfon’s 
addrefs.  Having  wearied  the  committee 
with  a tedious  oppofition  of  ten  days,  and 
embarraffed  the  Houfe  by  the  counteracting 
votes  of  the  Council,  he  obtained  a petition 
wholly  deftitute  of  the  fpirit  difplayed  in 
the  inftruftions  to  the  agent  at  the  laft  fef- 
fion.  He  then  became  folicitous  to  wipe 
off  any  mifconftruftion  in  England  of  what 
would  appear  by  the  records,  his  being  at 
the  head  of  a committee  upon  an  affair  of 
fuch  a nature.  In  order  to  effeft  this,  he 
offered  to  a correfpondent  of  a public  char- 
after,  as  an  apology  for  drawing  the  peti- 
tion, his  fears  that  the  Court  would  unite 
in  fomething  worfe.  He  (hewed  his  fer- 
vices  in  convincing  the  majority  of  the 
members  of  the  imprudence  attending  every 
meafure,  which  looked  like  oppofition  to 
the  determinations  of  Parliament  : and  he 
made  ufe  of  the  fame  occafion  to  propofe 
refigning  his  commiffion  as  Lieutenant-Gov- 
enor,  whenever  a new  Governor  fhould  be 
appointed,  and  lodging  a letter  of  refigna- 
tion  in  the  hands  of  his  friend  to  be  ufed, 
when  the  event  might  require. 


Hutch  m- 
fon’s  M.  S. 
copy  of  his 
letter  o Mr. 
Jacklon,  * 
Nov.  5, 
1764. 


The- 


x 88 


BERNARD. 


The  public  bufinefs  was  clofed  by  an  ad- 
drefs  to  the  Governor,  in  which  the  two 
Houfes  ftated  the  grievances  they  appre- 
hended themfelves  to  be  under  from  the 
late  adt  of  Parliament,  nearly  in  the  fame 
manner  as  related  in  their  application  to 
the  Houfe  of  Commons,  dividing  them  in- 
to fuch  as  affedtcd  the  civil  rights  and  fuch 
as  related  to  the  commercial  interefts  of  the 
Colonies.  The  trials  by  the  courts  of  Ad- 
miralty were  of  the  firft  kind,  and  were  the 
more  alarming,  as,  according  to  the  practice 
of  that  court,  the  Judge  and  officers  had  a 
twentieth  part  of  the  whole  value  of  the 
articles  condemned,  but  in  cafe  of  acquittal, 
were  entitled  only  to  cuftomary  fees  ; the 
manifeft  tendency  of  which  was  to  procure 
• decrees  of  condemnation,  where  there  was 
no  juft  caufe  of  feizure.  The  grievances  of 
the  fecond  kind  were  the  effedt  of  the  adt 
upon  the  fiftiery,  and  the  exportation  of 
lumber,  which  was' re  ft  r idled  to  Great-Brit- 
ain.  From  the  injury  of  the  colonial  com- 
merce the  evil  confequences  upon  the  inter- 
efts of  Great-Britain  were  eafily  adduced. 
His  Excellency  was  requefted  to  lay  thefe 
obfervations,  and  a copy  of  the  petition  to 
the  Houfe  of  Commons,  before  his  Majefty’s 

minifters, 


BERNARD. 


189 


minifters,  and  to  reprefent  to  them  the  griev- 
ances mentioned  to  arife  from  the  late  adt, 
and  apprehended  to  be  the  probable  refult 
of  a ftamp  duty,  and  earneftly  to  befeech 
the  favour  of  their  great  influence  to  eafe 
them  of  the  burden  of  the  one,  and  remove 
from  them  the  apprehenfions  of  the  other. 

The  proceedings  at  this  feflion  fhew  how 
extremely  difficult  it  was  for  the  Britilh 
miniftry  to  obtain  juft  information  of  the 
fpirit  and  views  of  the  Colonifts,  if  it  were 
the  fubjedi  of  real  inquiry.  Their  repre- 
fentatives  were  made  to  fpeak  a language 
far  fhort  of  their  alarms,  and  to  place  their 
rights  upon  little  better  footing  than  that  of 
indulgence.  The  mode  in  which  this  was 
brought  about,  it  was  the  intereft  of  the 
agents  to  mifreprefent  or  conceal.  Party 
fpirit  prevailed,  and  it  is  not  wonderful  that 
the  affairs  of  America  fhould  be  feen  through 
its  falfe  medium,  fixing  objedts  in  a wrong 
point  of  view  by  refradting  them  from  the 
line  of  truth  ; and,  inftead  of  an  exadt  im- 
age prefenting  a diftorted  and  delufive  fig- 
ure to  the  eye  of  the  tranfadantic  fpedtator. 


The 


BERNARD. 

The  General  Court  had  fcarcely  rifen, 
when  copies  of  the  addrefs  and  memorials 
to  the  King,  Lords,  and  Commons,  from 
the  Province  of  Virginia,  were  laid  before 
the  public.  Thofe  from  New-York  had 
been  previoufly  received.  The  independ- 
ent fpirit  difplayed  in  thefe  applications  ; 
the  energy  with  which  the  American  rights 
were  dated  and  maintained,  and  the  conclu- 
five  force  of  the  arguments  formed  an  hu- 
miliating contrail  in  the  minds  of  the  warm 
patriots,  between  them  and  the  petition  from 
their  own  Province.  They  complained  of 
diffidence  and  want  of  zeal  in  their  Legifla- 
ture.  But  their  opponents  on  the  other 
hand  faw  nothing  advantageous  to  the  coun- 
try in  this  lofty  flyle,  which  they  thought 
amounted  to  folly  and  madnefs  ; that  there 
could  be  no  ufeful  purpofe  anfwered  in 
claiming  an  exemption  from  taxes,  when 
the  whole  body  of  the  people  of  England, 
who  had  the  power,  was  againfl:  the  Colo- 
nies ; that  thefe  noble  fentiments,  as  they 
were*  called,  had  determined  the  miniftry 
immediately  to  make  it  a point,  whether 
the  nation  or  the  Americans  ffiould  con- 
quer : and  it  was  the  mod  to  be  lamented, 

that 


BERNARD. 


191 


that  thefe  rafh  high  flying  petitioners  would 
not  fuffer  alone,  but  mull  involve  in  their 
fate  thofe,  who  were  not  lefs  firm,  though 
more  moderate.  The  arguments  of  this 
party  at  home  were  aided  by  a communica- 
tion to  a correfpondent  of  their  leader  in 
England,  fuggefting  a hope  that  the  agent 
for  New-York  would  excufe  himfelf  from 
prefenting  their  petition  or  from  making  it 
public,  as  it  was  reported  he  had  orders  to 
do,  let  his  inftru&ions  be  what  they  might. 
Whilft  the  zealous  controverfialifts  thus  op- 
pofed  each  other,  all  rational  men  drew  a 
juft  conclufion  from  the  unequal  if  not  dis- 
cordant tenor  of  the  petitions  from  the  fev- 
cral  Provinces,  that  there  was  a neceflity  of 
fome  common  Aflembly  who  fhould  delib- 
erate and  unitedly  declare  the  unequivocal 
voice  of  all  Britifh  America. 


Hut  chin- 
ion’s  M.  S. 
letter-book, 

Nov.  1764. 


192  BERNARD. 

CHAP.  VIII. 

Difpute  between  the  Council  and  Houfe  refpcEl- 
ing  the  form  of pajfing  a refolve — Extraor- 
dinary grant  to  the  Chief  Jufice  carried 
by  one  vote  only — Richard  fackfon , jun. 
chofen  agent  in  the  room  of  Mr.  Mauduit 
~Stamp  A El  pajfed — Proceedings  of  the 
Houfe  of  Reprefentatives — Meeting  of  a 
General  Congrefs  at  New -York  recommend- 
ed— Delegates  chofe?i  in  Maffachufetts — 
Obfervations  on  the  mlniflerial  pretences  of 
taxhig  the  Colonics , pulifoed  at  New-York 
— Refolutions  of  the  Virginia  AJfembly — 
A Els  of  the  people — Riots  in  Bofon — 
Lieute?iant-Governor  Hutcbirfori s houfe 
defroyed. 

*7 TP HE  Province  of  Maffachufetts  Bay  hav- 
ing put  h'erfelf  in  a fupplicating  attitude 
before  the  Houfe  of  Commons,  nothing 
now  remained,  but  to  wait  the  iffue  of  her 
petition.  .This  could  not  be  known  when 
the  Governor  called  the  General  Court  to- 
jm.  9.  gether  at  the  winter  fefiion.  Their  proceed- 
ings were,  of  courfe,  little  conne&ed  with 

the 


BERNARD.  193 

the  fubjedt  of  the  late  controverfy ; and 
their  communications  with  the  Governor 
wore  that  conciliatory  appearance,  which 
naturally  refulted  from  a ftate  of  expectation 
founded  on  the  effedt  of  a humble  experi- 
ment. He  congratulated  them  upon  the 
fubfiding  of  the  troublefome  appearances, 
which  had  arifen  from  fome  ill-advifed  en- 
croachments by  certain  French  and  Spanifh 
commanders,  that  had  been  difavowed  by 
their  refpedtive  courts,  and  upon  the  happy 
termination  of  the  Indian  war,  in  an  hon- 
ourable and  fafe  manner.  He  informed 
them  that  he  had  recommended  to  the  fa- 
vour of  his  Majefty’s  minifters  the  petition 
which  they  had  prepared  ; and  that  he  flat- 
tered himfeif  that  their  reprefentations  would 
receive  great  weight  from  the  dutiful  man- 
ner in  which  they  were  formed  ; conclud- 
ing that  the  late  exemplary  inftances  of  their 
unanimity,  prudence,  and  moderation,  in 
times  of  difficulty  and  diftruft,  would  diflin- 
guifh  them  to  their  advantage,  would  con- 
firm the  reputation  they  had  hitherto  acquir- 
ed, and  give  aflurance  of  their-  refolution  to 
fupport  it  by  their  future  condudt. 


A a 


VOL.  II. 


The 


i94 


BERNARD. 


The  Council  and  Houfe  of  Reprefenta- 
tives,  in  their  anfwer  to  the  Governor’s 
fpeech,  took  great  care  not  to  counteract 
their  late  pacific  proceedings.  After  return- 
ing the  congratulations  upon  the  removal  of 
hoftile  appearances  with  France  and  Spain, 
and  the  termination  of  the  Indian  war,  they 
obferved  upon  the  fubjeCt  of  their  petition, 
that  they  flattered  themfelves,  that  their  rep- 
refentations  would  have  fuccefs,  not  only 
from  the  dutiful  manner  in  which  they  were 
formed,  but  from  the  necefiary  connexion 
which  there  was  between  the  intereft  of  the 
nation  and  the  fuccefs  of  that  petition,  it  be- 
ing a demonftrable  truth,  that  the  national 
intereft  would  be  beft  promoted  and  fecured 
by  encouraging  the  trade  of  the  Colonies. 
If  that  profpered  or  declined,  fo  would  the 
trade  of  Great-Britain,  but  in  a greater  pro- 
portion. That  her  power  and  wealth,  how- 
ever great,  were  ftill  in  their  minority  com- 
pared with  what,  it  was  probable,  they 
would  one  day  be,  if  the  trade  and  growth 
of  her  Colonies  were  not  impeded. 

They  thanked  the  Governor  for  his  dec- 
laration of  promoting  the  real  welfare  of  the 
Province  confiftently  with  its  fubordination 

to 


BERNARD. 


x95 


to  the  kingdom  of  Great-Britain,  and  the 
common  intereft  of  the  whole  empire,  in 
confiftence  with  which,  they  hoped  for  his 
endeavours  for  that  purpofe,  and  pledged 
their  inclinations  confpiring  with  their  du- 
ty, to  give  him  their  affiftance. 

They  agreed  that  the  times  were  difficult, 
but  they  hoped  that  thefe  were  not  times  of 
diftruft  : they  diftrufted  not  the  wifdom  and 
goodnefs  of  Parliament,  having  with  the 
Colonies  in  general  often  experienced  the 
happy  effects  of  both.  On  the  fame  wif- 
dom and  goodnefs,  next  to  the  fupreme, 
they  ftill  relied.  As  that  refpeflable  body 
had  power,  they  humbly  trufted  their  wif- 
dom and  goodnefs  would  exert  it,  to  remove 
the  embarraffinents  upon  their  trade,  to 
which  the  difficulty  of  the  times  was  owing  : 
and  if  in  his  Excellency’s  eftimation  they 
had  acquired  any  reputation  hitherto,  they 
hoped  to  fupport  it  by  their  future  condu£t ; 
at  leaft  to  evince  that  they  had  done  their  beft 
for  that  purpofe. 

Reafons  Efficiently  obvious  led  to  the 
complacent  difpofition  ffiewn  by  the  Houfe 
of  Reprefentatives  to  the  Governor,  and  he 

reciprocated 


BERNARD. 


196 


/ 


reciprocated  by  approving  of  Mr.  Otis  as 
their  Speaker  pro  tempore,  in  the  room  of 
Mr.  White  who  was  unable  to  keep  the 
chair  from  indifpofition.  But  thefe  reafons 
did  not  extend  to  the  Lieutenant-Governor, 
nor  always  to  the  Council,  over  whom*  he 
prefided  and  whom  he  generally  guided  by 
his  influence.  This  muft  account  for  a dif- 
pute,  which  took  place  between  the  two 
Houfes,  upon  the  mere  form  of  pafling  a 
refolution,  to  authorize  the  Treafurer  to 
continue  drawing  his  bills  of.  exchange  in 
the  name  of  Mr.  Mauduit,  notwithftanding 
the  choice  of  Mr.  Jackfon.  It  originated  in 
the  Houfe,  and  was  concurred  by  the  Coun- 
cil as  taken  into  a new  draught,  in  which 
the  form  of  its  originating  in  the  Houfe 
was  preferved,  as  the  cuftom  has  fmce  been 
eftablifhed.  To  this  the  Houfe  objected, 
and  fent  a meflage  to  inform  the  Board  that 
it  was  ufual  for  the  Houfe  to  originate  their 
own  refolves,  and  that  they  chofe  to  con- 
tinue in  that  pra&ice.  This  neceflarily  pro- 
duced a meflage  in  j unification  of  the  Council, 
in  which  they  plead  the  uninterrupted  prac- 
tice of  both  Houfes,  in  taking  into  a new 
draught  any  vote  fent  from  one  to  the  oth- 
er, in  order  to  fave  the  trouble  and  perplex- 
ity 


BERNARD. 


197 


lty  which  arofe  from  a great  number  of 
amendments  by  marginal  references  : and 
that  the  Board  not  intending  to  prepare  a 
vote  to  originate  in  the  Houfe,  but  to  alter  a 
vote  before  originated  there,  the  Houfe  had 
no  juft  occafion  for  fending  fuch  a meflage. 
In  anfwer  to  which  the  Houfe  acknowledg- 
ed the  practice  of  drawing  anew,  but  con- 
tended that  one  Houfe  had  never  made  a 
draught  for  and  in  the  name  of  the  other, 
and  then  fent  it  to  the  other  to  a£t  upon ; 
and  they  therefore  thought  that  the  Board 
had  done  fomething  more  than  altering  or 
amending  the  vote  fent  up.  In  the  event, 
the  Council  originated  and  palled  a new  re- 
folution,  which  the  Houfe  non-concurred, 
and  originated  and  palled  another  like  it, 
with  the  variation  of  one  immaterial  word, 
and  that  perhaps  by  accident,  in  which  the 
Council  concurred,  and  fo  terminated  the 
difpute. 

Whilft  the  two  Houfes  were  thus  con- 
tending about  a form,  the  period  arrived  for 
making  the  annual  grants  to  the  civil  offi- 
cers. The  extraordinary  allowance,  ufually 
made  to  the  Chief  Juftice  of  the  Superiour 
Court  for  his  peculiar  fervices,  came  under 

confideration 


/ 


J9S  BERNARD. 

confideration  of  courfe.  This  had  been 
omitted  for  the  three  laft  years,  and  now 
met  with  ftrong  oppofition,  moft  probably 
from  the  fame  principles,  which  muft  have 
been  founded  on  Mr.  Hutchinfon’s  fuppof- 
ed  political  fentiments,  fince  againll  his  judi- 
cial conduct  in  general  there  was  no  ground 
of  objeftion  : it  was  juft,  intelligent,  and 
popular.  The  queftion  upon  his  grant  was 
finally  taken  by  yeas  and  nays,  in  the  Houfe, 
and  was  carried  in  the  affirmative  by  a ma- 
jority of  only  one  vote. 

But  the  moft  important  bufmefs,  which 
the  General  Court  tranfaCted  at  this  feffion, 
was  the  choice  of  an  agent  in  the  room  of 
Jafper  Mauduit,  Efq.  who  had  requefted  to 
be  excufed  on  account  of  his  declining 
health.  The  common  caufe  of  the  conti- 
nental Colonies  greatly  depended  on  the 
fidelity  and  exertions  of  the  perfons,  whom 
they  might  employ  in  England.  A power- 
ful influence  in  the  Weft-India  planters  was 
to  be  overcome,  before  a reduction  of  the  du- 
ty on  molafles  could  be  effefted ; and  a 
great  intereft  relied  on  for  procuring  a re- 
pulfion  of  the  ftamp  aCt  was  that  of  the 
merchants  trading  to  America,  whom  the 

agents 


BERNARD. 


199 


agents  were  to  inform,  perfuade,  and,  if 
poffible,  bring  to  action.  Mr.  Mauduit  had 
always  defpaired  of  the  minifter’s  renounc- 
ing the  principle  of  taxing  the  Colonies,  and 
expected  nothing  beyond  the  reduction  of 
the  duties  ; nor  did  the  other  agents  feem 
more  fanguine,  fince,  according  to  his  ac- 
count, fome  of  them  would  not  meet  on 
the  bufinefs,  and  juft  before  the  palling  of 
the  ftamp  ad  only  one  had  come  to  him  to 
facilitate  their  meeting.  Whilft  fuch  lan- 
guid and  defponding  feelings  prevailed  at 
the  place  of  adion,  little  was  to  be  hoped 
for,  unlefs  vigour  could  be  infpired  from  the 
fpirit  of  the  country.  The  Affembly,  dif- 
truftful  of  fervants  placed  at  fo  great  a dis- 
tance, and  finding  the  difficulty  of  removing 
them  at  pleafure,  voted  that  the  powers  of 
any  future  agent  Ihould  be  limited  to  the 
term  of  three  years,  and  then  proceeded  to 
the  appointment.  Mr.  Hutchinfon  having 
withdrawn  himfelf,  there  remained  only  Mr. 
Bollan,  who  had  again  offered  his  fervices, 
but  whofe  accounts  remained  unfettled  ; 
Ifrael  Mauduit,  the  brother  of  the  agent,  who 
was  fufpeded  to  be  too  much  under  minif- 
terial  influence  ; and  Richard  Jackfon,  jun.  a 
gentleman  of  the  law  in  England,  agent  for 

Connedicut, 


Jafper  Man- 
duit’s  M.  S. 
letter,  Jan. 
xi,  176J. 


200 


BERNARD. 


Connecticut,  and  who  was  the  particular 
friend  of  Governor  Bernard,  as  well  as  the 
intimate  correfpondent  of  Mr.  Hutchinfon. 
In  the  event  Mr.  Boilan  was  given  up,  un- 
der pretence  of  keeping  out  Mr.  Mauduit, 
and  Mr.  Jackfon  was  chofen. 

The  refpeCtful  filence,  which  prevailed  in 
Maffachufetts  during  the  fuppofed  operation 
of  their  petition,  was  at  length  broken  by 
the  arrival  of  the  parliamentary  proceedings. 
On  the  feventh  of  February  the  Houfe  of 
Commons  refolved,  and  it  wras  afterwards 
enaCted,  that  certain  ftamp  duties  fhould  be 
impofed  on  the  Colonies  in  America.  If 
there  were  any  who  had  confidence  in  the 
effeCt  of  the  petition,  what  muft  have  been 
their  difappointment ! How  great  was  the 
victory  of  its  opponents  ! How  contemptu- 
ous the  fituation  of  its  advocates  ! There 
was  nothing  faved  by  their  friends  in  En- 
gland, even  in  appearances,  to  juftify  their 
zeal  for  moderate  meafures.  So  impatient 
was  the  Houfe  of  Commons  in  the  exercife 
of  their  difputed  right  of  taxation,  that  no 
member  could  be  found  to  prefent  the  peti- 
tions from  New-York  and  Virginia,  and 
that  from  Maffachufetts  remained  in  the  pri- 
vate 


BERNARD. 


201 


vate  keeping  of  Mr.  Jackfon.  The  aft  itfelf  jafPer  Mau- 
was  framed  with  fo  little  regard  to  the  eafe  Feb.  9,1765! 
and  notions  of  the  people,  that  if  their  ene- 
mies had  any  ground  for  charging  them 
with  reftleffhefs  and  ambitious  defigns  of 
independence,  the  reproach  might  have 
been  fairly  retorted,  from  the  apparent  at- 
tempt to  provoke  them  to  it  by  this  memo- 
rable law.  Befide  the  great  amount  of  the 
duties  impofed  by  it,  they  were  laid  upon 
obje&s  of  which  the  public  opinion  was 
naturally  jealous.  The  indifcriminate  rates 
affixed  to  papers  at  the  probate  offices,  and 
the  tax  of  two  pounds  upon  every  de- 
gree conferred  by  feminaries  of  learning, 
were  evidence  of  this  : and,  in  addition  to 
all,  the  forfeitures  for  breaches  of  this  and 
the  other  a£ts  of  revenue  were  made  recov- 
erable in  the  detefted  courts  of  Admiralty. 

It  was  in  vain  longer  to  attempt  reftraining 
the  popular  indignation.  The  effedb  of 
fome  alleviating  meafures  which  the  minif- 
try  adopted  was  not  now  to  be  felt.  It  was 
of  trifling  confideration  that  American  lum- 
ber was  admitted  to  all  the  markets  of  Eu- 
rope ; and  even  a bounty  allowed  upon 
it,  when  imported  into  Britain  ; that  the 

colour 

Bb 


VOL.  II. 


202 


BERNARD. 


colour  for  injurious  exadtions  in  the  cafe  of 
inland  navigation  between  the  Colonies  was 
taken  away  ; that  a projedt  of  fome  fugar 
bakers  in  the  cities  of  London  and  Briftol 
for  fuppreffing  refining  houfes  in  America 
was  flopped  ; or  that  the  threatened  claufe 
in  the  mutiny  bill  for  quartering  troops  in 
private  houfes  was  renounced.  The  im- 
pending blow  was  too  alarming  to  admit  of 
attention  to  fuch  inferiour  objedts.  If  pluck- 
ing the  leaves  from  the  tree  of  liberty  had 
excited  fuch  agitations,  what  was  to  be  ex- 
pedted,  now  the  axe  was  laid  at  the  root  ? 


Letter-book, 
April  26, 

1765. 


Such  was  the  magnitude  of  the  evil  at 
firft,  that  all  feemed  to  paufe,  as  if  at  a lofs 
to  fix  upon  any  meafures  for  refilling  it : 
and  Mr.  Hutchinfon  wrote  that  they  were 
waiting,  not  to  know  whether  they  muft 
fubmit  to  a flamp  duty,  but  when  it  was  to 
take  place  and  under  what  regulations  ; and 
what  further  provifion  was  to  be  made,  if 
the  duty  fhould  fall  fhort  of  railing  the 
fums  that  the  Colonies  were  to  pay,  which 
report  had  fixed  at  ^3 30,000  llerling,  in- 
cluding the  Weft-Indian  illands.  How  was 
the  paufe  which  gave  rife  to  this  apparent 
acquiefcence  mifconltyued  ! Inftead  of  a 

fleep 


BERNARD. 


2°3 


fieep  infufed  by  the  opiate  of  parliamentary 
power,  it  was  like  the  filence  which  precedes 
an  earthquake,  and  forboded  the  convulfions 
of  a dreadful  explofion  to  all  the  abetters  of 
the  minifterial  projections. 

Attempts  were  firft  made  to  unlock  the 
reftraints  upon  the  language  and  proceed- 
ings of  the  General  Court.  The  obftruc- 
tions  to  this  lay  chiefly  in  the  Council  ; and 
Mr.  Hutchinfon  was  the  principal  of  them. 
His  removal  therefore  was  to  be  perfevered 
in  ; and  exertions  were  accordingly  made 
to  effedt  it,  but  as  yet  they  proved  ineffec- 
tual. He  ftill  remained  at  the  helm  of 
public  affairs,  directing  them  againft  the  ad- 
verfe  force  of  popular  opinion,  until  it  rofe 
to  fuch  a height,  as  to  overwhelm  him  and 
his  adherents  in  its  irrefiftible  violence. 

Diflurbed  as  the  minds  of  the  people 
were  by  the  proceedings  of  Parliament,  it 
feems  impoffible  that  the  election  of  the  old 
Counfellors  could  have  been  the  unbiaffed 
ad  of  their  reprefentatives.  Intrigue  muft 
have  had  its  fhare  in  bringing  about  a ftate 
of  things,  which  put  the  General  Court  into 
a fituation  fo  truly  humiliating.  Whilft  the 

feelings 


204 


BERNARD. 


feelings  of  all  men  were  alive  to  the  critical 
and  dangerous  ftate  of  the  country,  they 
were  fixed  upon  their  feats  to  hear  a fpeech 
from  the  Governor,  in  which  the  caufe  of  the 
general  alarm  was  not  mentioned ; and  in  an- 
fwer  to  which  it  was  not  to  be  expected  that 
the  prefent  Council  could  be  induced  to  take 
it  into  view.  He  addreffed  them  upon  the 
manufacturing  of  pot-afhes,  the  raifing  of 
hemp,  and  carrying  lumber  to  the  Britifh 
markets,  which  would  furnifh  them  with 
fufficient  refources  to  pay  for  their  imports, 
and  prevent  any  occafion  of  vainly  attempt- 
ing to  transfer  manufactories  from  their  fet- 
tled abode.  He  told  them  that  it  was  their 
happinefs  that  their  fupreme  legiflature,  the 
Parliament  of  Great-Britain,  was  the  fanc- 
tuary  of  liberty  and  juftice  ; and  that  the 
prince  who  prefided  over  it,  realized  the 
idea  of  a patriot  king  : that  they  fhould 
then  furely  fubmit  their  opinions  to  the 
determinations  of  fo  auguft  a body,  and  ac- 
quiefce  in  a perfeCt  confidence  that  the 
rights  of  the  members  of  the  Britifh  empire 
would  ever  be  fafe  in  the  hands  of  the  con- 
fervators  of  the  liberty  of  the  whole. 

So  fuccefsfully  was  the  caufe  of  the  ad- 
vocates for  the  Britifh  government  managed 

at 


BERNARD. 


20  5 


at  the  elections,  that  Mr.  Hutchinfon,  en- 
couraged by  it,  prefented  a memorial  for  an 
allowance  for  his  fervices  as  Lieutenant- 
Governor,  which  was  fupported  by  a fpecial 
mefiage  from  the  chair.  But  the  Houfe  of 
Reprefentatives  voted  that  they  would  not 
commit  them  ; and  that  they  would  not 
make  any  grant  to  the  memorialift. 

Inftead  of  anfwering  the  illufive  fpeech  of 
the  Governor,  the  Houfe  proceeded  to  bu- 
iinefs  of  more  importance  to  their  conftitu- 
ents.  After  conlidering  the  difficulties  of 
the  Colonies,  and  what  dutiful  addrefs  it 
might  be  proper  to  make  to  his  Majefly 
and  the  Parliament  refpeding  the  late  laws, 
they  proceeded  to  lay  the  foundation  of  the 
American  Revolution  : they  voted  that  it 

was  highly  expedient  there  fhould  be  a 
meeting,  as  foon  as  might  be,  of  committees 
from  the  Houfes  of  Reprefentatives  or  Bur- 
geffes  in  the  feveral  Colonies  on  this  conti- 
nent, to  confult  together  on  the  prefent  cir- 
cumftances  of  the  Colonies,  and  the  difficul- 
ties to  which  they  then  were,  and  muil  be 
reduced  by  the  operation  of  the  late  ads  of 
Parliament  for  levying  duties  and  taxes  on 
the  Colonies,  and  to  conlider  of  a general 

and 


June  aj. 


2o6  , 


BERNARD. 


and  humble  addrefs  to  his  Majefty  and  th6 
Parliament,  to  implore  relief : that  the  meet- 
ing  fhould  be  held  at  New- York,  on  the  firft 
Tuefday  cf  October  following : and  that  let- 
ters be  forthwith  prepared  and  tranfmitted 
to  the  refpediive  Speakers  of  the  feveral 
Houfes  of  Reprefentatives  or  Burgeffes,  to 
advife  them  of  this  refolution,  and  to  invite 
them  to  join  by  their  committees  in  the 
meeting.  The  Houfe  then  prepared  the 
form  of  a circular  letter  and  appointed  a 
committee  in  behalf  of  Maffachufetts,  con- 
fiding of  James  Otis,  John  Worthington,  and 
Oliver  Partridge,  Efquires  ; but  Mr.  Wor- 
thington excufing  himfelf  from  the  fervice, 
Timothy  Ruggles,  Efq.  was  chofen  in  his 
room. 

This  meafure  was  irrefiftible  by  the  Gov- 
ernor and  his  friends ; it  was  too  confident 
with  the  petition  to  the  Houfe  of  Commons 
which  they  had  effected,  now  to  meet  with 
their  oppofition  ; and  the  fpirit  of  the  people 
probably  would  not  have  borne  with  any 
further  management  in  the  General  Court 
upon  this  fubjed:.  Mr.  Hutchinfon’s  party 
therefore  acquiefced  in  what  they  could  not 
prevent,  and  endeavoured  to  procure  mem- 
bers 


BERNARD. 

bers  for  the  committee  who  might  be  fuit- 
ablc  to  their  views.  How  far  they  fuc- 
ceeded  in  this  will  be  feen  hereafter. 

Upon  the  rifing  of  the  General  Court, 
there  was  publifhed,  from  the  Gazette  at 
New- York,  obfervations  upon  the  minifteri- 
al  pretences  of  taxing  the  Colonies,  in  which 
the  do&rine  of  virtual  reprefentation  was  re- 
futed, and  the  power  of  Parliament  ftri<ftly 
examined.  After  {hewing  the  difference  be- 
tween the  Colonies  and  the  corporate  towns 
and  bodies  in  England,  who  had  no  {hare 
in  the  choice  of  members  to  Parliament,  and 
demonftrating  that  as  every  diftindt  intereft 
in  a government  ought  to  have  its  due 
weight  in  the  adminiftration  of  public  affairs, 
fo  each  of  thofe  interefts  fhould  have  the  ap- 
pointment of  Reprefentatives  in  number  as 
near  as  might  be  proportionate  to  their  in- 
terefl  in  and  importance  to  the  government 
in  general,  this  writer  afferted,  that  where 
there  was  an  entire  inconfiftency  of  interefts, 
fo  that  the  benefit  of  one  muft  neceffarily 
be  in  the  fame  degree  hurtful  to  the  other, 
that  then  thefe  two  interefts  could  never 
unite  in  the  fame  government ; and  apply- 
ing this  obfervation  to  the  cafe  of  Great*- 

Britain 


207 


June  25, 


BERNARD. 


Britain  and  her  Colonies,  inferred  that  if 
their  interefts  could  not  be  made  to  coincide, 
(which  he  believed  they  might)  if  the  fame 
conftitution  might  not  take  place  in  both, as  it 
certainly  ought ; if  the  welfare  of  the  moth- 
er country  neceffarily  requires  a facrifice 
of  the  molt  valuable  national  rights  of  the 
Colonies,  their  right  of  making  their  own 
laws,  and  difpofing  of  their  own  property 
by  reprefentatives  of  their  own  chooling  ; 
if  fuch  was  really  the  cafe  between  Great- 
Britain  and  her  Colonies,  then  the  connex- 
ion between  them  ought  to  ceafe,  and  foon- 
er  or  later  muft  inevitably  ceafe,  and  per- 
haps end  in  the  total  ruin  of  one  or  both  of 
them : that  the  Englifh  government  could 
not  long  act  towards  a part  of  its  dominions 
upon  principles  diametrically  oppofite  to 
its  own,  without  lofing  itfelf  in  the  flavery 
it  would  impofe  upon  the  Colonies,  or  teach- 
ing them  to  throw  it  off,  and  affert  that  free- 
dom which  was  denied  them  by  thofe,  who 
had  no  better  right  to  it  than  themfelves. 
Upon  the  fubje£t  of  a virtual  reprefentation 
this  writer  obferved, that  if  perfons  here  might 
be  reprefented  in  England  without  their  own 
choice  ; then  by  parity  of  reafon,  perfons 
there  might  be  reprefented  here  in  the  fame 

manner. 


BERNARD. 


209 


manner.  The  laws  pafled  in  the  Colonies* 
after  obtaining  the  royal  aflent,  were  of  equal 
force  with  ads  of  Parliament : fo  that  the 
Colonifts  had  as  really  a legiflative  power  as 
the  people  of  England,  and  therefore  if  they 
were  to  make  ads  of  aflembly  to  levy  taxes 
upon  the  people  of  England,  and  obtain  the 
royal  aflent  to  them,  could  any  man  tell  why 
thofe  ads  fhould  not  be  as  binding  upon  the 
people  of  England  as  their  ads  were  upon 
the  Colonifts  ? There  was  indeed  a differ- 
ence in  the  power  to  enforce  the  ads.  If 
fuch  an  impofition  would  appear  abomina- 
ble to  the  people  in  England,  let  them  be  as 
tender  of  the  Colonial  rights,  as  they  would 
wifh  the  Colonifts  to  be  of  their’s  under  a 
reverfe  of  power,  and  fuch  a time  might  pof- 
fibly  come  in  future  ages.  Even  though  it 
fhould  appear  that  there  were  feveral  towns, 
corporations,  and  bodies  of  people  in  Eng- 
land, under  fimilar  circumftances  to  thofe  of 
the  Colonies  (which  he  proved  was  not  the 
cafe)  yet  that  wrould  only  fhew,  that  fome 
of  the  people  in  England,  as  well  as  thofe 
in  America,  were  injured  and  opprefled ; 
but  it  would  fhew  no  fort  of  right  for  the 
oppreflion.  It  would  fhew  that  thofe  places 

ought 
C c 


VOL.  II. 


210 


BERNARD. 


ought  to  join  with  the  Americans  in  remon- 
ftrances  to  obtain  redrefs  of  grievances.  As 
to  the  dependency  or  independency  of  the 
Colonies,  it  was  not  conceived  that  thofe 
terms  could  be  applicable  to  them.  They 
were  a part  of  the  Britiih  dominions  ; but 
could  one  part  of  a kingdom  be  faid  to  be 
dependent  on  another,  when  all  have  the 
fame  common  rights  ? They  have  indeed  a 
reciprocal  dependence  upon  one  another  for 
afiiilance,  conveniency,  and  fecurity  of  their 
common  and  refpe£tive  rights  ; but  they  do 
not  derive  their  rights  from  one  another. 
From  the  Author  of  nature  alone  they  re- 
ceive them. 

At  the  fame  time  appeared  the  refolutions 
of  the  Virginia  aflembly,  that  his  Majefly’s 
liege  people,  the  inhabitants  of  that  Colony, 
were  not  bound  to  yield  obedience  to  any  law 
or  ordinance  whatever,  defigned  to  impofe 
any  taxation  upon  them,  other  than  the  laws 
or  ordinances  of  their  General  Aflembly. 

Thefe  publications  gave  a great  elevation 
to  the  fpirits  of  the  people  ; and  writers  were 
not  wanting  within  the  Province  to  enforce 
fimilar  political  tenets,  until  a refolution 

feemed 


BERNARD. 


21  I 


feemed  to  be  taken  that  oppofition  Should 
affume  a new  appearance.  Had  the  difpute 
refpeding  the  ftamp  ad:  been  fuffered  to  re- 
main with  the  legislatures  of  the  refpedive 
countries,  the  courfe  of  events  might  have 
been  effentiaily  different,  and  peace  might 
have  continued  for  many  years  longer. 
Such  was  the  check  upon  the  Governor  al- 
lowed to  the  voters  in  Maffachufetts,  through 
their  reprefentatives,  that  they  could  have 
withheld  all  means  of  executing  any  ad  of 
Parliament,  which  was  obnoxious  to  the  peo- 
ple, whilft  deeds  of  violence  which  might 
have  afforded  a pretext  for  introducing  for- 
eign troops  to  enforce  the  laws  would  have 
been  avoided.  But  whether  it  was  that  the 
meeting  of  Commiffioners  at  New-York  was 
appointed  too  near  the  commencement  of 
the  ftamp  ad,  to  produce  any  meafures  in 
feafon  to  prevent  its  operation  ; or  that  it 
was  feared  the  minds  of  the  members  might 
be  Shaken,  fo  as  to  difeover  lefs  firmnefs  in 
afferting  the  rights  of  the  Colonifts  than  they 
ought ; or  that  the  general  impatience  was 
too  violent  to  wait  for  the  iflue  of  their  pro- 
ceedings, certain  it  is,  the  controverfy  was 
aflumed  by  the  people. 


A 


212 


BERNARD. 

On  the  14th  of  Auguft  an  effigy  was  found 
hanging  on  a tree,  afterwards  well  known  by 
the  name  of  liberty-tree,  at  the  foutherly  part 
of  the  main  ftreet  of  Boflon,  with  marks 
fufficiently  indicative  of  .its  reprefenting 
Andrew  Oliver,  Efq.  the  propofed  diftributor 
of  ftamps  in  the  Province.  Accompanying 
this  were  emblems  intended  for  Lord  Bute, 
and  the  wicked  motives  which  fuggefted  the 
odious  ads  of  Parliament.  Mr.  Hutchin- 
fon,  as  Chief  Juftice  of  the  Superiour  Court, 
direded  the  Sheriff  to  take  this  pageantry 
away,  and  in  cafe  any  perfons  fhould  oppofe 
him,  to  report  their  names,  and  a warrant 
fhould  be  granted  to  apprehend  them.  But 
the  Sheriff’s  deputies  thought  it  not  fafe  to 
attempt  cutting  down  the  effigies,  as  they 
found  the  people  had  determined  to  take  it  — 
in  the  evening  and  bury  it  in  form.  The 
Governor  met  the  Council  ; and  they 
thought  that  if  this  was  fuffered  to  be  done, 
all  would  be  quiet  afterwards.  At  night  a 
bier  was  prepared,  and  the  images,  being 
placed  on  it,  were  carried,  amidft  the  accla- 
mations of  an  immenfe  colledion  of  people, 
through  the  Court -houfe,  whilft  the  Council 
were  fitting  in  the  chamber,  down  King- 
flreet,  to  a finall  brick  building  fuppofed  to 

have 


BERNARD. 


213 


have  been  ereded  by  Mr.  Oliver  for  the  re- 
ception of  the  (lamps.  This  was  quickly 
levelled  with  the  ground,  and  all  proceeded 
to  Fort-Hill,  near  which  flood  Mr.  Oliver's 
houfe,  to  burn  the  pageantry.  Mr.  Hutch- 
infon  and  other  friends  of  Mr.  Oliver,  find- 
ing his  family  to  be  in  great  terror,  perfuad- 
ed  both  to  quit  their  dwelling,  but  remain- 
ed themfelves,  which  gave  fome  appearance 
of  oppofition.  An  attack  was  made  by 
breaking  the  windows  and  pulling  down  a 
fence,  after  which  the  people  entered  the 
houfe  and  deflroyed  part  of  the  furniture. 
The  Governor  delivered  an  order  to  Mr. 
Hutchinfon,  at  his  requeft,  and  to  be  ufed 
at  his  difcretion,  direding  the  Colonel  of  the 
regiment  in  Boflon  to  order  it  under  arms. 
But  Mr.  Hutchinfon  afterwards  preferred 
attempting  to  difperfe  the  rioters  by  his  own 
influence.  They  (hewed  him  very  little  re- 
fped,  and  after  compelling  him  to  fave  him- 
felf  by  flight,  which  he  did  not  effed  with- 
out rough  ufage,  they  feparated.  On  the 
next  day  Mr.  Oliver  thought  it  expedient  to 
authorize  feveral  gentlemen  to  announce  on 
the  exchange,  that  he  had  declined  having 
any  concern  with  the  office  of  Stamp-Maf- 
ter  j but  in  the  evening  a bonfire  was  made, 

and 


214 


BERNARD. 


and  a repetition  of  this  declaration  was  found 
to  be  neceffary  for  quieting  the  people  who 
had  affembled  around  it.  When  this  was 
done,  they  drew  off  to  the  houfe  of  the  Lieu- 
tenant-Governor, and  fhewed  a ftrong  dif- 
polition  to  affail  it,  demanding  fatisfadion 
from  him  relative  to  the  report  of  his  being 
in  favour  of  the  ftamp  ad,  and  requiring  his 
affurance  that  he  was  not.  Mr.  Hutchinfon 
had  fecured  his  houfe,  and  having  concealed  - 
himfelf  within  it,  declined  appearing.  A 
prudent  citizen  came  forward,  and  undertook 
to  be  refponfible  that  Mr.  Hutchinfon  was 
not  in  favour  of  any  ad,  which  would  be 
injurious  to  the  country.  He  obferved  that 
they  were  about  to  ill  treat  a man,  who  had 
been  forty  years  in  its  fervice,  and  reminded 
them  how  unreafonable  it  was  that  an  officer 
in  his  ftation  fhould  be  held  accountable  to 
them  in  fuch  a manner.  The  perfuafion  of 
this  man,  who  had  an  influence  in  town- 
meetings,  induced  the  body  to  move  off,  and 
for  this  time  faved  further  outrage.  Had 
the  popular  indignation  flopped  here,  the 
degree  of  violence  might  have  been  confid- 
ered  as  juflified  by  the  provocation  ; and 
fuch  as  was  neceffary  to  give  a tone  to  the 
proceedings  of  the  public  agents.  But  this 

line 


BERNARD. 


3i  5 


line  was  foon  pafled  over,  and  the  caufe  was 
eflentially  injured  and  difgraced  by  increafed 
outrage  and  brutal  deftru&ion.  Perhaps  the 
fun  of  liberty  muft  always  rife  in  the  mill 
of  anarchy,  and  gradually  difpel  its  noxious 
vapours,  as  he  afcends  to  his  meridian  luftre. 

After  thefe  difturbances  Mr.  Hutchinfon 
retired  to  his  houfe  at  Miiton,  and  returned 
on  the  26th  of  the  month.  There  foon  ap- 
peared fymptoms  of  renewed  tumults  ; but 
it  was  fuppofed  that  he  had  received  his 
{hare  of  popular  difpleafure.  This  however 
was  a great  mifcalculation  of  its  continuance 
and  malignity.  About  twilight  a bonfire  in 
King-ftreet  was  the  fignal  for  afifembling ; 
and  when  the  number  of  rioters  had  become 
fufficient,  they  proceeded  to  the  houfe  of 
William  Story,  Efq.  Deputy  Regifter  of  the 
Court  of  Vice-Admiralty,  whofe  office  was 
unpopular,  and  whofe  conduct  was  faid  to 
have  given  offence  to  many.  This  was  laid 
open  to  their  rage,  and  his  private  papers,  as 
well  as  the  records  and  files  of  the  court, 
were  configned  to  the  flames  or  otherwife 
deftroyed.  The  houfe  of  Benjamin  Hal- 
lowell,  jun.  Efq.  Comptroller  of  the  Cuftoms, 
next  met  their  fury.  After  breaking  his 

windows, 


2l6 


BERNARD. 


windows,  they  entered,  dedroyed  his  furni- 
ture, purloined  his  money  and  papers,  and 
rioted  on  the  liquors  in  his  cellar,  until  in- 
toxication heightened  their  rage  to  madnefs. 
Thus  brutalized,  they  directed  their  courfe  to 
the  Lieutenant-Governor’s  dwelling,  where 
his  domedic  happinefs  in  the  enjoyment  of 
his  children  at  once  formed  a driking  con- 
trail to  their  diabolical  employment,  and 
furniihed  defirabie  victims  for  their  malice. 
This  family  circle  was  indantly  difperfed, 
and  after  clofing  the  houfe,  Mr.  Hutchinfon 
was  conflrained  to  follow,  by  fecret  paifages, 
to  fave  his  life.  All  was  now  delivered  up  to 
a triumphant  demonocracy,  which  exercifed 
its  force  eifedlually  until  day-light,  when 
one  of  the  bed  houfes  in  the  Province  was 
prefented  in  complete  ruin,  the  very  parti- 
tions being  beat  down,  and  nothing  remain- 
ing but  the  naked  walls  and  floors.  The 
plate,  family  pictures,  mod  of  the  furniture, 
wearing  apparel,  the  books  and  manufcripts 
which  had  been  thirty  years  collecting,  with 
about  jT 900  derling,  in  cadi,  were  dolen 
away  or  dedroyed  : fo  that,  on  the  next  day, 
when  the  want  of  a quorum  of  the  Judges  ne- 
cefliated  Mr.  Hutchinfon  as  Chief  Judice  to 
take  his  feat  at  the  Superiour  Court,  he  was 

obliged 


BERNARD. 


obliged  to  appear  in  his  only  fuit,  and  with- 
out the  habiliments  of  his  office. 

All  difa vowed  thefe  infamous  proceedings. 
The  town  of  Bofton  on  the  next  day  voted 
unanimoufly,  at  a full  meeting,  that  the 
Selectmen  and  magiftrates  be  defired  to  ufe 
their  utmoft  endeavours  agreeable  to  law,  to 
fupprefs  the  like  diforders  for  the  future,  and 
that  the  freeholders  and  other  inhabitants 
would  do  every  thing  in  their  power  to  affift 
them  therein.  And  the  magiftrates  with  the 
Cadets  and  other  military  companies  kept  a 
night  watch  for  the  prefervation  of  peace  and 
order.  The  Governor  likewife  ifiued  his 
proclamation,  with  the  advice  of  Council, 
offering  rewards  for  difcovering  any  perfon 
concerned  in  either  of  the  riots.  Thefe 
however  had  no  effect,  as  very  few  were 
apprehended,  and  thofe  who  were,  after- 
wards broke  gaol  and  efcaped. 

Falfe  reports  having  preceded  the  com- 
motions of  the  people,  and  it  being  now 
fuggefted  that  the  ftamped  papers  were,  upon 
their  arrival,  to  be  lodged  at  the  Caftle,  not 
merely  for  fafe  keeping,  but  to  be  thence  dif- 

tributed  j 
D d 


VOL.  II. 


siS 


BERNARD. 


tributed  ; the  Governor  thought  proper  to 
make  a declaration  to  the  Council,  in  con- 
firmation of  what  he  had  faid  in  private,  that 
he  had  no  authority  for  diftributing  the 
ftamped  paper,  and  that  he  fhould  not  be  fo 
imprudent  as  to  undertake  a bufinefs  to 
which  he  had  no  appointment,  and  make 
himfelf  anfwerable  for  large  fums  of  money, 
the  receipt  of  which  he  could  not  attend  to, 
and  had  no  power  to  direct  or  order  ; and 
this  declaration  was  publilhed  at  the  requeft 
of  the  Council. 

The  period  for  trying  the  ftrength  of  par- 
ties in  executing  the  {tamp  act  was  near  at 
hand.  The  Governor  having  prorogued 
the  General  Court  to  the  twenty-fifth  of 
September,  five  days  before  the  time  align- 
ed for  the  commencement  of  it,  iffued  his 
proclamation  for  the  pundtual  attendance  of 
the  members.  Had  the  ftruggle  come  on 
under  all  the  impreffions  made  by  the  riots, 
without  the  influence  of  any  external  event, 
the  advantage  to  the  parliamentary  caufe 
mud  have  been  great.  But  advice  was  daily 
received  of  fimilar  proceedings,  though  not 
fo  flagrant,  in  other  Colonies,  and  the  glad 
tidings  of  a change  in  the  miniftry  arrived 

from 


BERNARD. 


219 


from  England.  Thefe  circumftances  opera- 
ted heavily  againft  the  Governor  and  his  ad- 
herents, who  could  not  have  approved  of  the 
ftamp  aft  in  the  beginning,  however  they 
might  have  favoured  the  general  principle  of 
taxing  America.  It  was  too  great  a ftep  for 
the  outfet ; further  advances  fhould  have 
been  firft  made  by  external  duties ; and  the 
encroachments  upon  internal  taxation  fhould 
have  been  directed  and  graduated  with  the 
moll  fcrupulous  attention  to  popular  preju- 
dice. But,  let  their  opinions  have  been 
what  they  might,  they  determined  upon 
exerting  their  utmoft  powers  to  enforce  the 
aft.  They  endeavoured  to  put  the  caufe 
upon  this  ground,  that  either  the  ftamp  duty 
mull  be  fubmitted  to,  or  all  trade  mull  ceafe, 
and  all  courts  and  other  lawful  authority  fall, 
and  throw  the  whole  community  into  con- 
fulion.  Upon  this  principle  the  Governor 
collefted  all  the  arguments  perfuafive  and 
terrific  which  the  fubjeft  afforded,  at  the 
affembling  of  the  General  Court.  He  told 
them  that  the  ordinary  executive  authority 
was  much  too  weak  to  contradift  the  dec- 
larations which  had  been  made  and  ftill  fub- 
fifted,  that  the  ftamp  aft  fhould  not  be  exe- 
cuted within  the  Province,  or  to  oppofe  the 

force 


220 


BERNARD. 


force  by  which  they  were  fupported.  It 
had  therefore  been  found  neceffary  to  call 
the  whole  legillative  power  in  aid  of  the 
executive  government,  and  that  from  this 
time  the  arduous  bufinefs  would  be  put  into 
their  hands,  and  it  fhould  become  a Provin- 
cial concern  : that  the  right  of  the  Parlia- 
ment of  Great-Britain  to  make  laws  for  the 
American  Colonies,  however  it  had  been 
controverted  in  America,  remained  indifput- 


able  at  Weftminifter. 

* 

* 

* 

* 

* 

* 

* * * * * * 

* 

* 

* 

* 

* 

* 

****** 

* 

* 

* 

* 

* 

* 

The  Reprefentatives  immediately  after  the 
delivery  of  this  fpeech  railed  a committee  to 
frame  an  anfwer  which  might  counteract  its 
elfedt  upon  the  people,  and  railed  another 
committee  to  confider  the  affairs  of  the 
Province  with  reference  to  the  operation  of 
the  ftamp  aCt,  who  reported  that  * * * 

*******  * * * * * 


BERNARD. 


221 


CHAP.  IX. 

Unfinifhed. 

P OLITICS  frequently  afford  us  cafes* 
where  effects  are  produced  by  remote  and 
accidental  caufes  ; and  when  there  are  infu- 
perable  impediments  to  the  fair  operation  of 
reafon  and  juftice,  fome  fubftitute  arifing 
from  the  paffions  or  interefts  of  men  is  found 
to  bring  about  what  a more  honourable  mo- 
tive ought  promptly  to  have  executed  : fo 
that  whilft  we  view  on  the  one  hand  many 
laudable  efforts  fail  of  their  objects,  we  fee 
on  the  other  many  things  expedient  and 
right  refulting  from  indifferent  and  unwor- 
thy defigns.  The  repeal  of  the  ftamp  adt 
affords  a ftriking  example  of  this.  It  was 
not  renounced  becaufe  Parliament  had  not 
a right  to  impofe  it,  nor  becaufe  it  was  op- 
preffive  to  thofe  who  were  not  obliged  by 
law  to  bear  it,  nor  from  the  important  con- 
fideration  of  its  alienating  the  affedtions  of 
the  whole  Britifh  Colonies  and  its  probable 
confequences  of  alienating  their  allegiance  to 
the  Crown ; but  becaufe  Mr.  Grenville,  who 


was 


22 


BERNARD. 


was  the  author  of  it,  difagreed  with  the  King 
about  making  up  a regency  in  cafe  of  * * 
* * * * * * This  threw  him  out 

of  office,  and  the  fucceeding  minifters  repeal- 
ed the  law,  with  a thoufand  better  reafons 
for  doing  fo,  becaufe,  he  made  it% 


END  OF  VOL.  II. 


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